Dismissed

K.v.Manikandaraja v. District Collector, Palakkad

Kerala HC16 Nov 2007OP/16811/1999

Case brief

AI extract

What is this about?

The petitioner challenged recovery of arrears in an original petition. The court held that since the same arrears were remitted under a related judgment, no fresh order is required and the petition is closed, though recovery may proceed on non-compliance.

What did the court decide?

Petition dismissed; no orders passed; respondents free to proceed with recovery on non-compliance.

K.v.Manikandaraja Vs District… — Constitutional and Fundamental Rights | Kerala HC (2007)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

¶4

FRIDAY, THE 16TH NOVEMBER 2007 / 25TH KARTHIKA 1929

¶5

OP.No. 16811 of 1999(B)

PETITIONER:

K.V. MANIKANDARAJA, SON OF K.K. VADIVELU CHETTIYAR, 3/459, POLLACHI ROAD, P.O. KOZHINJAMPARA, PALAKKAD DIST.

¶10

BY ADV. SRI.T.SETHUMADHAVAN

¶11

RESPONDENTS:

¶12

¶13

THE DISTRICT COLLECTOR, PALAKKAD.

¶14

THE TAHSILDAR, CHITTOOR.

¶15

THE CIRCLE INSPECTOR OF POLICE, CHITTOOR

¶16

THE SUB INSPECTOR OF POLICE, KOZHINJAMPARA.

¶17

BY GOVERNMENT PLEADER SRI. K.P. PRADEEP

¶18

THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

¶20

ORDER ON CMP 27407 OF 1999 IN OP 16811 OF 1999

¶21

DISMISSED

¶22

16.11.2007 SD/-CN.RAMACHANDRAN NAIR, JUDGE.

¶23

APPENDIX

¶24

PETITIONER'S EXHIBITS:

¶25

EXT.P1 TRUE COPY OF THE ORDER OF THE SUB COURT, PALAKKAD DATED 6.9.1996

¶26

EXT.P2 TRUE COPY OF THE ORDER NO. B5.3165/92 DATED 9.12.1997 PASSED BY THE FIRST RESPONDENT.

¶27

EXT.P3 STRUE COPY OF THE SHOW CAUSE NOTICE DATED 9.12.1997 APPENDED WITH EXT.P2

¶28

EXT.P4 TRUE COPY OF THE OBJECTION DATED 24.12.97 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

¶29

EXT.P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP 645 OF 1998 DATED 12.1.1998

¶30

EXT.P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 2532 OF 1998 DATED 6.2.1998

¶31

EXT.P7 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 28.4.1999 ALONG WITH THE WARRANT OF ARREST (NO. B5.3165/92(1)

¶32

EXT.P8 TRUE COPY OF THE INTERIM ORDER IN CMP 20926 OF 1999 IN OP 13026 OF 1999A DATED 31.5.1999 PASSED BY THIS HON'BLE COURT.

¶33

RESPONDENTS' EXHIBITS: NIL.

¶34

TRUE COPY

¶35

P.S. TO JUDGE.

¶36

C.N. RAMACHANDRAN NAIR, J.

¶37

O.P. NO. 16811 OF 1999

¶38

Dated this the 16th day of November, 2007

¶39

JUDGMENT

¶40

Counsel for the petitioner submitted that payment for the very

¶41

same set of arrears, recovery of which is challenged in this O.P., is remitted, subject to some conditions and payments are being made pursuant to the judgment in O.P.No.13026 of 1999. In the circumstances, no orders are required in this O.P. and this O.P. is closed. However, for non-compliance of the said judgment and failure

¶42

to make payment, respondents are free to proceed with recovery.

¶43

(C.N. RAMACHANDRAN NAIR) Judge

¶44

K.v.Manikandaraja v. District Collector, Palakkad

Case brief

What is this about?

What did the court decide?

K.v.Manikandaraja v. District Collector, Palakkad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhavana Kumar Vs District Collector,Malappuram

K.a.Raju Vs the Addl.Salestax Officer-I

Excel Glasses Ltd. Vs Asst.Commissioner (Assmt)

Sabdul Rasheed Vs State of Kerala

A.Nilavarneesa Vs Addl.Sales Tax Officer

M.K.Vijayan Vs State of Kerala