Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE21T DAY OF FEBRUARY20142ND PHALGUNA, 1935 WP(C).NO. 5291 OF2014(J) --------------------------- PETITIONER(S): --------------- JOY K.O, AGED64YEARS S/O.KOMBAN OUSPEH, WEST FORT, POOTHOLE THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): -------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. REVENUE DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR - 680 001.
3. THE TAHSILDAR, REVENUE RECOVERY, THRISSUR TALUK OFFICE THRISSUR - 680 001.
4. THE DEPUTY COMMISSIONER, TAMIL NADU CENTRAL SALES TAX, THIRUNELVELI TAMIL NADU - 600 001. BY GOVERNMENT PLEADER V.K. RAFEEQ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).NO. 5291 OF2014(J) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS : ------------------------ EXT.P1: COPY OF THE REVENUE RECOVERY NOTICE SERVED ON THE PETITIONER DATED NIL. EXT.P2: COPY OF THE LIST OF MOVABLES AUCTIONED DATED NIL. EXT.P3: COPY OF THE REPORT OF THE VILLAGE OFFICER DATED1712/07. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY THE AMALA INSTITUTE OF MEDICAL SCIENCES, DATED32/2014. EXT.P5: COPY OF THE NOTICE ISSUED AND SERVED ON THE PETITIONER DATED281/2014. EXT.P6: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED192/2014 OFFICE COPY RESPONDENT(S)' EXHIBITS : NIL ------------------------ / TRUE COPY / NS P.A. TO JUDGE P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.C. No.5291 OF2014--------------------------------------- Dated this the 21st day of February, 2014. JUDGMENT
The petitioner was running a Beedi manufacturing unit at Thirunelveli, in the State of Tamilnadu, which was being run under the name and style as 'Karthika Beedi Company'.
2. It is stated that, the business establishment had to be closed down, because of various adverse circumstances and the atrocious actions taken by somebody, against whom a Crime has been registered and proceedings were being pursued before the appropriate forum. It is also stated that the petitioner is suffering from serious heart ailments as borne by Ext.P4 Certificate and is taking rest, as advised. It is in the meanwhile, that the petitioner has been served with Ext.P5 notice under Section 65 of the Revenue Recovery Act, asking the petitioner to show cause; why 'warrant of arrest' shall not be issued. On receipt of the notice, the petitioner submitted a detailed explanation as borne by Ext.P6, also seeking time for producing the relevant documents.
3. The petitioner is constrained to approach this Court W.P.C.No. 2 because of the steps being taken by the 2nd respondent, without considering or passing any orders on Ext.P6.
4. Heard the learned Government Pleader as well.
5. Considering the facts and circumstances as stated above, this writ petition is disposed of, directing the 2nd respondent to consider Ext.P6 explanation submitted by the petitioner in response to Ext.P5 and pass appropriate orders, after giving an opportunity of hearing to the authorised representative. This shall be done at the earliest, at any rate within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment, along with a copy of this writ petition, before the 2nd respondent, for further steps. P.R. RAMACHANDRA MENON, JUDGE sp