High Court of KeralaDivision BenchDelay condonation petition dismissed; WA No. 10...

C. Vijayan v. Manjula Sasidharan

Case / Petition Number:WA No. 10 of 2016

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Ashok Bhushan
  • A.M. Shaffique
Judgment Date
2016-03-31
Court Decision / Holding
The petition to condone delay is dismissed. Consequently, the appeal is also dismissed.
Final Disposition
Delay condonation petition dismissed; WA No. 10 of 2016 dismissed.

Parties to the Case

Appellants / Petitioners

  • C. Vijayan

Respondents

  • SMT. Manjula Sasidharan
  • Revenue Divisional Officer, Thiruvananthapuram
  • District Collector, Thiruvananthapuram
  • The Tahsildar, Chirayinke ezhu, Thiruvananthapuram
  • State Bank of Travancore, Kadakkavoor, Thiruvananthapuram
  • Kerala Financial Corporation, represented by its Managing Director
  • State of Kerala, represented by the Secretary for Taxes

Legal Representation & Advocates

Counsels for Petitioners

  • • Dr. V.N. Sankarjee
  • • Smt. M. Santhi
  • • Sri. G. Ranju Mohan

Counsels for Respondents

  • • Sudheesh Kumar (Sr. Government Pleader)
  • • Sathish Ninan
  • • Anil D. Nair
  • • R. Sreejith
  • • O.A. Nuriya
  • • Soumya Prakash
  • • Mekhala M. Benny
  • • S. Prasanth

Case Synopsis & Summary

This writ appeal arises from WA No.10 of 2016 challenging the order in OP 4665/2000, which related to a sale of the appellant’s property to recover sales tax arrears. The sale, conducted on 10 March 1999, was confirmed by the District Collector and challenged by the appellant through OP 4665/2000. That original petition was dismissed by a judgment dated 28 January 2005. The appellant contends that the period spent in subsequent proceedings—reassessment of tax, appeals before the Land Revenue Commissioner, and related government actions—should be excluded from the period of limitation under Section 14 of the Limitation Act since these proceedings effectively tolled or interrupted the clock. He relies on the Supreme Court’s decision in MP Steel Corporation v. Commissioner of Central Excise (2015) to support exclusion of time spent during pendency. The respondents counter that no period should be excluded; the sale and the 2005 order had become final, and the further actions cannot reset the limitation clock. They also argue that the Land Revenue Commissioner lacked jurisdiction and that res judicata bars the challenge. After hearing, the High Court held there was no basis to condone delay of the enormous length involved and dismissed both the delay application and the appeal.

Provisions of Law Cited

Section 14 of the Limitation Act

Legal Doctrines & Maxims

  • Res judicata

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the period spent in reassessment proceedings and pendency of WP(C) No.1453/2012 should be excluded under Section 14 of the Limitation Act; he relies on MP Steel Corporation v. CCE to support exclusion and argues that the sale confirmed in 1999 and the 2005 OP dismissal did not bar subsequent proceedings. He asserts that the Land Revenue Commissioner lacked jurisdiction to revive a matter already final; he invokes the principle that periods of pendency must toll the limitation clock and seeks relief under Section 14. He also emphasizes third-party rights affected by the 1999 sale and the need to avoid injustice from unwarranted finality.

Contentions of Respondents

The respondents argue that no grounds exist to condone such an extraordinary delay; the 1999 sale and the 2005 OP judgment became final long ago, and subsequent attempts cannot reset the limitation period. They contend that relying on Section 14 is inappropriate because the proceedings that followed were not barred by incapacity or lack of jurisdiction, and the doctrine of res judicata bars re-litigation of a matter already adjudicated. They also assert that the Land Revenue Commissioner lacked jurisdiction only in the sense that it could not override a final judicial order; nevertheless, the delay cannot be excused, and the appeal must fail for want of timely challenge.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
M.P. Steel Corporation v. Commissioner of Central Excise(2015) 7 SCC 58PositiveCourt cited and applied the Supreme Court principle that Section 14 of the Limitation Act tolls time during pendency of proceedings, including where jurisdiction issues arise, and used it to support excluding periods from the limitation period.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938** **WA.No. 10 of 2016 () IN OP.4665/2000** **--------------------------------------** **AGAINST THE ORDER/JUDGMENT IN OP 4665/2000 of HIGH COURT OF KERALA DATED 28/01/2005** ## **APPELLANT(S)/PETITIONER:** **----------------------------------------** **C.VIJAYAN, S/O. CHELLAPPAN CHETTIAR, CHAMBAVIL HOUSE, KADAKKAVOOR, THEKKUMBAGAM, KADAKKAVOOR P.O., THIRUVANANTHAPURAM - 695 306.** **BY ADVS. DR.V.N.SANKARJEE SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN** ## **RESPONDENT(S)/RESPONDENTS:** **---------------------------------------------------** **1. SMT.MANJULA SASIDHARAN, W/O. SASIDHARAN, KAYANIYIL HOUSE, KADAKAVOOR P.O THIRUVANANTHAPURAM - 695 306.** ## **2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM - 695 043.** **3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 695 043.** ## **4. THE TAHSILDAR,** ## **CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 101.** **5. STATE BANK OF TRAVANCORE, KADAKKAVOOR, THIRUVANANTHAPURAM- 695 306, REPRESENTED BY ITS MANAGER.** **6. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, K.F.C OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.** **WA NO.10/2016** **-2-** ## **7. THE STATE OF KERALA,** **REPRESENTED BY THE SECRETARY FOR TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **R2,R3,R4&7 BY ADV. SR GOVERNMENT PLEADER SRI.SUDHEESH KUMAR R6 BY ADV. SRI.SATHISH NINAN R1 BY ADV. SRI.ANIL D. NAIR R1 BY ADV. SRI.R.SREEJITH R1 BY ADV. SMT.O.A.NURIYA R1 BY ADV. KUM.SOUMYA PRAKASH R1 BY ADV. KUM.MEKHALA M.BENNY BY SRI.S.PRASANTH** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WA NO.10/2016** ## **APPENDIX** ## **APPELLANT'S EXHIBITS** **ANNEXURE 1: TRUE COPY OF THE LETTER DATED 8.2.1999 ISSUED BY THE 4TH RESPONDENT TO THE VILLAGE OFFICER.** **ANNEXURE 2: TRUE COPY OF THE LETTER/REPORT DATED 10.3.1999 OF THE VILLAGE OFFICER TO THE 4TH RESPONDENT.** **ANNEXURE 3: TRUE COPY OF THE LETTER/REPORT DATED 16.3.1999 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.** **ANNEXURE 4: TRUE COPY OF HTE CHEQUE DATED 10.3.1999 AND RECEIPT DATED 12.3.1999 ISSUED BY THE 1ST RESPONDENT.** **ANNEXURE 5: TRUE COPY OF THE DOCUMENT DATED 7.2.1999 CREATED BY THE 4TH RESPONDENT AND THE VILLAGE OFFICER.** **ANNEXURE 6: TRUE COPY OF THE ORDER OF THE DY.COMMISSIONER (APPEALS) DATED 21.6.2008 IN STA NO.688,689,690 AND 691/2004.** **ANNEXURE 7: TRUE COPY OF THE ORDER OF THE DY.COMMISSONER (APPEALS)DATED 21.6.2008 IN STA NO.800 & 801 OF 2004.** **ANNEXURE 8: TRUE COPY OF THE ORDER DATED 30.8.2008 PASSED BY THE ASSESSMENT AUTHORITIES FOR THE YEAR 198889.** **ANNEXURE 9: TRUE COPY OF THE ORDER ATED 30.8.2008 PASSED BY THE ASSESSMENT AUTHORITIES FOR THE YEAR 1989-90** **ANNEXURE 10: TRUE COPY OF THE ORDER DATED 30.8.2008 PASSED BY THE ASSESSMENT AUTHORITIES FOR THE YEAR 199091.** **ANNEXURE 11: TRUE COPY OF THE ORDER DATED 30.8.2008 PASSED BY THE ASSESSMENT AUTHORITIES FOR THE YEAR 199192.** **ANNEXURE 12: TRUE COPY OF THE ORDER DATED 10.12.2010 OF THE LAND REVENUE COMMISSIONER.** **WA NO.10/2016** **-2-** **ANNEXURE 13: TRUE COPY OF THE ORDER DATED 4.7.2011 OF THE LAND REVENUE COMMISSIONER.** ## **EXTS.OF RESPONDENTS** **EXT.R4(a): A TRUE COPY OF THE JUDGMENT IN WPC NO.1453/12. ANNEXURE R1: TRUE COPY OF THE JUDGMENT IN OP 4579/2000. ANNEXURE R2: TRUE COPY OF THE ORDER IN OS NO.228/2010.** **//True Copy//** **PS to Judge** ## **Rp** ## **ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.** ================ C.M.Appln.No.4/2016 in WA No.10 of 2016 & W.A. No. 10 of 2016 ================== Dated this, the 31[st] day of March, 2016 ## **J U D G M E N T** ## _**Shaffique, J.**_ C.M.Appln.No.4/2016 is filed seeking to condone delay of 3949 days in filing the appeal against the judgment in OP No.4665/2000. In the affidavit filed in support of the above petition, it is stated that the property of the petitioner was sold on 10/3/1999 for recovering sales tax arrears. The sale was confirmed by the District Collector which was challenged by filing OP No.4665/2000. The original petition was dismissed as per judgment dated 28/1/2005. In the meantime, according to the petitioner, he had challenged the assessment proceedings and the assessment had been refixed at `44,689/- as against original assessment of `1,77,710/-. After the assessment proceedings had been completed by which tax was revised, petitioner approached C.M.Appln.No.4/2016 in WA No.10 of 2016 & W.A. No. 10 of 2016 -:2:- the Land Revenue Commissioner by preferring an appeal against the confirmation of sale, which was dismissed on 10/12/2010. Petitioner again approached the Government by filing revision, which was dismissed by order dated 4/7/2011. Challenging the said orders, WP(C) No.1453/2012 was filed. Learned Single Judge dismissed the writ petition on the ground that it is barred by res judicata on account of the judgment dated 28/1/2005 in OP No.4665/2000. The argument of the petitioner is that the period spend for the reassessment proceedings and the pendency of the WP(C) No. 1453/12 is liable to be excluded under Section 14 of the Limitation Act. 2. Learned counsel also relied upon the judgment of the Supreme Court in M.P. Steel Corporation v. Commissioner of Central Excise [(2015) 7 SCC 58]. There cannot be any dispute regarding the proposition of law laid down by the Supreme Court in M.P.Steel Corporation (supra) that if a proceedings had been initiated and the authority has dismissed the same by holding that it does not have jurisdiction, the Courts can invoke the provision under Section 14 of the Limitation Act and exclude the period C.M.Appln.No.4/2016 in WA No.10 of 2016 & W.A. No. 10 of 2016 -:3:- during which the proceedings were pending from the period of limitation. But the case on hand is totally different. The sale held on 10/3/1999 was confirmed by the District Collector which came to be challenged by the petitioner by filing the O.P No.4665/2000. O.P. was dismissed as early as on 28/1/2005. No further steps were taken by the petitioner in that regard. It is after completion of the assessment proceedings by the Sales Tax authorities that the petitioner had approached the Land Revenue Commissioner. The Land Revenue Commissioner was approached only in the year 2010. The Land Revenue Commissioner apparently had no jurisdiction at all as the matter had become final on 28/1/2005 as per judgment in OP No.4665/2000. 3. Under such circumstances, the claim made by the petitioner on facts cannot be sustained and the period of the pendency of WP(C) No. 1453/2012, the pendency of the issues before the sales tax appellate authorities, the Land Revenue Commissioner or the Government cannot be excluded from the period of limitation. 4. Counter affidavits had been filed by the State as well C.M.Appln.No.4/2016 in WA No.10 of 2016 & W.A. No. 10 of 2016 -:4:- as the contesting respondents. It is also clear that third party rights had been affected after sale of property as early as in 1999. 5. Having regard to the above factual situation, we are of the view that no ground has been made out to condone delay of such a long period. Hence, the petition to condone delay is dismissed. Consequently, the appeal is also dismissed. ## Sd/- **ASHOK BHUSHAN, CHIEF JUSTICE** Sd/- **A.M. SHAFFIQUE, JUDGE** Rp31/3/2016 _//True Copy//_ _PS to Judge_