The Court quashed a demand notice issued under the Kerala Revenue Recovery Act against a petitioner-Director for company electricity dues, holding the recovery illegal as no agreement or statutory provision imposed liability on the Director personally. ✓
The writ petition was allowed and Exhibit P1 (notice) and P1(a) were quashed.
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 A.M.SHAFFIQUE
FRIDAY, THE 20TH DAY OF MAY 2016/30TH VAISAKHA, 1938
WP(C).No. 34142 of 2015 (P)
PETITIONER(S) :-
FATHIMA RAUF, W/O.K.A.RAUF, 'SHELTER', JAYANTHI NAGAR COLONY, P.T.USHA ROAD, KOZHIKODE - 673 001.
BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON
RESPONDENT(S) :-
1. EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, WEST HILL, KOZHIKODE - 673 001.
2. DEPUTY TAHSILDAR (RR) TALUK OFFICE, KOZHIKODE - 673 001.
R2 BY GOVERNMENT PLEADER SMT.LILLY K.T. R1 BY SRI.JAICE JACOB, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
W.P.(C) No.34142 OF 2015
APPENDIX
PETITIONER'S EXHIBITS :-
EXT.P1 :- COPY OF NOTICE IN FORM No.1 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P1(a) :- COPY OF NOTICE IN FORM No.10 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
RESPONDENT'S EXHIBITS :-
//TRUE COPY//
P.A. TO JUDGE
A.M.SHAFFIQUE, J
----------------------------------------------W.P(C) No. 34142 of 2015
Dated this the 20th day of May, 2016
Petitioner who is the Director of a company has approached this Court challenging Ext.P1 demand made under Section 7 of the Kerala Revenue Recovery Act. In Ext.P1, it is stated that the demand is made since the petitioner is a co-obligant with reference to the electricity dues amounting to Rs.2,14,683/- in respect of Consumer No.2/45/ Nilambur.
WPC.34142/15
2
Accordingly, the writ petition is allowed and Exts.P1and P1
Sd/A.M.SHAFFIQUE JUDGE
sou. 20/5
1 issue framed by the court
Whether a notice for recovery of company dues can be served on a Director in absence of an agreement or statutory provision holding the Director personally liable.
1 provisions across 1 enactments
Fathima Rauf
Executive Engineer, Kerala State Electricity Board
Deputy Tahsildar (RR)
A.M. Shaiffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
