Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE14H DAY OF OCTOBER201422ND ASWINA, 1936 WP(C).No.12556 of 2014 (T) --------------------------------------- PETITIONERS: --------------------- 1. FAZEELA BEEVI,D/O.BASHEER,KATTUVILA VEEDU, PARUMON DESOM,VETTOOR VILLAGE,CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT.
2. NAVAS,S/O.BASHEER,AZHUKKAL VILAYIL,MELVETOOR, VETTOOR VILLAGE,CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY,FAZEELA BEEVI,D/O.BASHEER, KATTUVILA VEEDU,PERUMON DESOM,VETTOOR VILLAGE, CHIRAYINKEEZH TALUK,THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM- 695001.
2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM- 695035.
3. THE DISTRICT COLLECTOR,COLLECTORATE,VANCHIYOOR, THIRUVANANTHAPURAM- 695035.
4. THE TAHSILDAR,VARKALA,TALUK OFFICE,VARKALA- 69514 5. THE SALES TAX OFFICER,SALE TAX OFFICE,ATTINGAL, THIRUVANANTHAPURAM DISTRICT- 695101.
6. MUHAMMED KUTTY,S/O.HAMEED,KOTTUVILAKAM VEEDU, (DARULSALAM HOUSE),RATHIKKAL DESOM,VETTOOR P.O, CHIRAYINKEEZH TALUK,THIRUVANANTHAPURAM DISTRICT- 695312. R1 TO R5 BY GOVT. PLEADER MR.BOBBY JOHN R6 BY ADV. SRI.R.ANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1410-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pk WP(C).No.12556 of 2014 (T) ------------------------------------- APPENDIX PETITIONERS EXHIBITS ------------------------------------- EXHIBIT P1:TRUE COPY OF THE CERTIFICATE BY THE5H REPSONDENT UNDER SECTION232) (a) OF THE KERALA GENERAL SALES TAX ACT.
1963. EXHIBIT P2:TRUE COPY OF THE SECURITY BOND DATED2511-1998. EXHIBIT P3:TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE2D PETITIONER. EXHIBIT P4:TRUE COPY OF THE JUDGMENT
DATED3011-2012 IN O.S NO326OF 2008 OF THE HON'BLE SUB COURT,ATTINGAL. EXHIBIT P5:TRUE COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER, COMMERCIAL TAXES, ATTINGAL. EXHIBIT P6:TRUE COPY OF THE REPLYGIVEN BY THE5H REPSONDENT DATED2002-2014. EXHIBIT P7:TRUE COPY OF THE COMPLAINT DATED232.2014 SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, VARKALA. EXHIBIT P8:TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BEFORE THE4H RESPONDENT. EXHIBIT P9:TRUE COPY OF THE PETITION DATED0605-2014 FILED BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM UNDER SECTION72OF THE REVENUE RECOVERY ACT. RESPONDENTS EXHIBITS: NIL --------------------------------------- //TRUE COPY// P.S.TO JUDGE pk A.M.SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.12556 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2014 JUDGMENT
Petitioners are faced with revenue recovery proceedings initiated against them on the allegation that they have given a bond to satisfy the liability of the sixth respondent. It is, inter alia, contented that they have not executed the surety bond. Though a suit was filed, the same came to be dismissed as not maintainable and the appeal filed against the same is pending. In the meantime, revenue recovery proceedings have been taken against the petitioners stating that the petitioners are liable to pay the amount covered by the surety bond. Petitioners have submitted Ext.P9 objection to the District Collector denying the liability to pay.
2. Learned Government Pleader submits that the petitioners had issued appropriate surety bonds for the purpose of the sixth respondent and therefore they are under obligation to pay the amount as demanded. W.P.(C)No.12556 OF2014:
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3. Having regard to the fact that Ext.P9 is pending before the District Collector, necessarily the said authority has to adjudicate the same and pass appropriate orders. Learned counsel for the petitioners submits that the petitioners are residing abroad and they have to come and produce their passport details to prove that they were not in India at the time of execution of the surety bond.
4. Having regard to the above submission, this writ petition is disposed of directing the third respondent/District Collector to consider Ext.P9 and pass appropriate orders within a period of four months from the date of receipt of a copy of this judgment. Until such time, recovery proceedings against the petitioners shall be kept in abeyance. However, it is made clear that the petitioners shall not alienate their immovable properties till the disposal of Ext.P9 by the third respondent. Writ petition is disposed of. A.M.SHAFFIQUE, Judge jes