COURT OF KERALA AT ERNAKULAM PRESENT: THE…
Detailed inquiry by District Collector into petitioner's minority and signature verification within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937
WP(C).No. 9132 of 2012 (N)
PETITIONER(S):
1. K.M. MANOHAR, S/O. LATE MOHANDAS NAIR.
2. K.M. VINOD KUMAR, S/O. LATE MOHANDAS NAIR, BOTH ARE RESIDING AT KARUKAYIL (INDHEEVARAM), SIVASAKTHI LANE, PERUVARAM, NORTH PARUR, ERNAKULAM-683 513.
BY ADVS.SRI.T.C.SURESH MENON,
SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.K.A.ANAS.
RESPONDENT(S):
1. THE COMMERCIAL TAX OFFICER, OFFICE OF THE COMMERCIAL TAX OFFICE, CHATHANNOOR, KOLLAM, PIN-691 572.
2. THE DISTRICT COLLECTOR, KOLLAM-691 001.
3. THE DEPUTY TAHSILDAR (R.R.), KOLLAM-691 001.
4. K.K. BINU, RESIDING AT KOZHITHODATHU VEEDU, THATTAMALA P.O., ERAVIPURAM, PANTHRANDUMURI, KOLLAM DISTRICT, PIN-691 020.
*RESPONDENT NO.5 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 23.06.2015 IN IA. NO.8375/2015.
R1 TO R3 BY GOVT. PLEADER SMT.M.T. SHEEBA. R4 BY ADV. SRI.S.SUDHEESHKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 9132 of 2012 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
A.MUHAMED MUSTAQUE, J. ~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.9132/2012
Dated this the 23rd Day of June, 2015
J U D G M E N T
The petitioners impugn revenue recovery
proceedings. Revenue recovery proceedings are
initiated in respect of the alleged dues from the fourth respondent towards Abkari dues and sales tax dues. The petitioners' case is that the first petitioner was a minor and the second petitioner was serving military at Jammu and Kashmir at the time of execution of Ext.P1 and they were never part of any transaction and had never given any surety nor mortgaged any property to facilitate the fourth respondent to conduct foreign liquor shop. Further, it is submitted that the second petitioner was on duty at the time when Ext.P1 security bond was executed, which fact is evident from Exts.P3 and P5 and that the first petitioner was a minor at the time of execution of the
W.P.(C).No.9132/2012
-:2:-
security bond and hence, he cannot execute any bond. It is therefore submitted that the revenue recovery proceedings are liable to be set aside.
W.P.(C).No.9132/2012
-:3:-
further proceedings for revenue recovery shall be initiated only based on the written order passed by the District Collector in the light of the observations as above. The petitioners shall produce a copy of the writ petition along with a certified copy of the judgment before the District Collector for compliance.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether revenue recovery proceedings against sureties who claim minority or military service at the time of bond execution are liable to be set aside.
1 provisions across 1 enactments
K.M. MANOHAR
K.M. VINOD KUMAR
THE COMMERCIAL TAX OFFICER
THE DISTRICT COLLECTOR
THE DEPUTY TAHSILDAR (R.R.)
K.K. BINU
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
