HC quashes recovery proceedings against woman over 36 years’ delay

TNN | Mar 10, 2020, 04.47 AM IST

Madurai: Madras high court has quashed recovery proceedings initiated against a woman under the Revenue Recovery Act after taking cognizance of the fact that recovery proceedings were initiated against her after a delay of 36 years for the notional loss suffered by the state government during an auction of an arrack shop in 1982.

M Rajathi moved the high court Madurai bench in 2018, seeking to quash an order of the divisional excise officer at Thirumangalam in Madurai district for initiating recovery proceedings.

The facts of the case are that an auction was conducted for an arrack shop at Thirumangalam in which an impersonator in the name of the petitioner’s husband, S A Maharajan took part in 1982. The impersonator had offered the highest bid of Rs 45,180. Though there was a precondition that the impersonator had to remit certain amount of money before the end of the day, the impersonator did not come forward to pay the amount.

Therefore, the authorities re-auctioned the shop which was fetched by another person for Rs 30,105. Since the difference in auction price is Rs 15,075, the amount which was calculated for 12 months at Rs 1,80,900 is being recovered from the petitioner.

Taking cognizance of the submissions that the authorities were well aware of the fact that an impersonator took part in the auction, justice C V Karthikeyan observed the petitioner’s husband died in 2004 and no action was taken by the officials when he was alive. The judge observed that recovery proceedings were initiated only in 2018 and there is no explanation given by the officials for not taking action for the past 36 years.

The judge also noted that the proceedings were initiated not for the actual loss but the notional loss said to have been suffered by the state government. “This is the case which reflects the retrograde bureaucratic approach of the government officials. TNN