Writ petition questioning personal liability of directors and recovery proceedings barred by limitation under Revenue Recovery Act. Court directed petitioners to file fresh representation and continued interim order.
Petitioners directed to file fresh representation before 2nd respondent; interim order continued until disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
THURSDAY, THE 15TH DAY OF MARCH 2012/25TH PHALGUNA 1933
WP(C).No. 2307 of 2010 (K)
PETITIONER(S):
1. THOMAS KANAPPILLI JOSE, KANAPPILLI HOUSE, IV/245, THOTTAKKATTUKARA ALUVA, ERNAKULAM.
2. BABU.K., KUNDUKANDATHIL HOUSE, MANDAPAM P.O., KASARAGOD.
BY ADVS SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SRI.RENJITH B.MARAR
RESPONDENT(S): --------------
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, POWER DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, ERNAKULAM.
3. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDYUDHI BHAVANAM PATTOM, THIRUVANANTHAPURAM.
4. THE SPECIAL TAHSILDAR (R.R.), ALUVA.
5. THE DEPUTY TAHSILDAR (R.R.), ALUVA.
6. THE VILLAGE OFFICER, ALUVA WEST, ALUVA.
BY SRI.SANTHALINGAM, SC, KSEB BY GOVERNMENT PLEADER, THOMAS JOHN AMBOOKAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SU/-
WP(C).No. 2307 of 2010 (K)
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PETITIONERS' EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
/TRUE COPY/
P.A TO JUDGE
SU/-
B.P.RAY, J.
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W.P.C.No. 2307 of 2010
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Dated this the 15 th day of March, 2012.
J U D G M E N T
The petitioners in this writ petition has raised the
following questions for the consideration of this Court:
“(i) Whether the Directors of a company can be made personally liable for the dues of the company and can be proceeded against for recovery of the amounts due from the company?
(ii) Whether the proceedings under the Revenue Recovery Act can be initiated to recover a debt on behalf of an institution notified under Section 71 of the Revenue Recovery Act, which is barred by limitation.?”
the learned Government Pleader submits that the memorandum of agreement was executed by the petitioners
and subsequently it was converted to a company and in
para 3 of the counter affidavit filed by KSEB, it has been stated as follows:
“It is respectfully submitted that M/s.Thankam Chemicals (P) Ltd; Edayar, Aluva with Consumer Code No.27/2764 was an HT Power intensive consumer which started commercial production on 20/7/1993. The matter in the case pertains to the recovery of electricity arrears from the petitioner's proprietorship concern. The arrears pertain to the period from 1997 to 2001. As per rules, the arrears of electricity charges can be recovered as if revenue due on land, and hence K.S.E.Board had resorted to revenue recovery measures.”
W.P.C.No. 2307 of 2010
2
This writ petition is disposed as above.
B.P.RAY, JUDGE
su/-
2 issues framed by the court
Whether the Directors of a company can be made personally liable for the dues of the company and can be proceeded against for recovery of the amounts due from the company?
Whether the proceedings under the Revenue Recovery Act can be initiated to recover a debt on behalf of an institution notified under Section 71 of the Revenue Recovery Act, which is barred by limitati
2 provisions across 1 enactments
Thomas Kanappilli Jose
Babu.K.
The State of Kerala, represented by the Secretary, Power Department
The District Collector, Ernakulam
The Special Officer (Revenue), Kerala State Electricity Board
The Special Tahsildar (R.R.), Aluva
B.P.RAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
