Appeal disposed. Court permitted appellant to remit outstanding dues of Rs.6,08,037/- to Roads and Bridges Development Corporation for consideration of bank guarantee return. Objections to demand notice allowed within two weeks.
Appellant directed to remit Rs.6,08,037/-; objections to Section 34 notice allowed; issue of commission left open.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020/16TH MAGHA, 1941
WA.No.46 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 25431/2019(D) OF HIGH COURT OF KERALA
APPELLANT/S:
SISUPALAN AGED 55 YEARS,S/O.DIVAKARAN, PUNNAMOOTTITHEKKETHIL,MANAKKADU, NEAR N.S.S. SCHOOL-MANAKKADU P.O., THODUPUZHA,IDUKKI-685 608.
BY ADVS. SRI.GEORGE MATHEW SHRI.PRAVEEN S. SRI.M.D.SASIKUMARAN SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.
RESPONDENT/S:
1 STATE OF KERALA REPRESNETED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT(PWD), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
WA.No.46 OF 2020
..2..
PALARIVATTOM, KOCHI-682 025.
R1, R6-7 BY ADV. SRI.ARAVIND KUMAR BABU, SENIOR GP (B/O) R2-4 BY ADV. SRI.SHYSON P.MANGUZHA (B/O)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.46 OF 2020
..3..
J U D G M E N T
S.Manikumar, CJ.
Instant writ appeal is filed against judgment dated 09.10.2019 in WP(C) No. 25431 of 2019, by which the writ court, while disposing of the writ petition, directed the Roads and Bridge Development Corporation of Kerala Ltd., Ernakulam - 2nd respondent therein – to return the original bank guarantee to the Dhanalaxmi Bank, Thodupuzha Branch, Idukki District – 5th respondent therein, within a week and further directed the latter to release the security to the writ petitioner, on the basis of which the bank guarantee was issued, within a week thereafter, if the bank does not have any other lien over the same.
..4..
WA.No.46 OF 2020
that the appellant is ready and willing to remit the said amount within a time to be fixed by this Court.
the dues, issued under Section 34 of the Revenue Recovery Act (Notice
before attachment of immovable properties), is reproduced hereunder:
FORM 10
SEE SECTION 34
Notice before attachment of immovable properties
Demand notice to D. Sisupalan s/o. Divakaran, Punnamoottilthekketni House, Thodupuzha, Manakkadu, P.0,-685 608 (Principal debtor) of Manakkadu Village of Thodupuzha Taluk. Notice is given for remitting the amount for the demand of Rs.8,71,229/- (Rupees Eight Lakh Seventy One Thousand Two Hundred and Twenty Nine Only) being the toll dues as the person in possession of immovable properties under Patta No................. within 10 day of receipt of this notice.
WA.No.46 OF 2020
..5..
It is further demanded that you shall pay 12% annual interest on the arrear amount from the defaulted date of 31.03.2019 till the date of remittance along with batta of Rs.2 for the person serving the notice.
Any objection regarding the demand shall be submitted to the under signed within the date mentioned above
Collection charges: @ of 5% for arrears upto Rs. 5 Lakhs and @ 7.5% for arrears
above 5 Lakhs
Notice fee: Rs.85/Nature of dues: Toll dues Requisition No. 2019/10055/07 Requisition authority: Roads and Bridges Development Corporation Kerala Limited- Roads and Bridges Development Corporation Kerala Limited (RBDCK) Account No. RBDC/E2/UF/7/2016
Place: Thodupuzha Date: 09.07.2019
Collector/Authorized Officer K.P.Rajendran Deputy Tahasildar Thodupuzha Taluk
respondent therein to return the bank guarantee as stated supra. Having regard to the affidavit of the appellant that he would pay a sum
of Rs.6,08,037/- (Rupees six lakhs eight thousand and thirty seven
..6..
WA.No.46 OF 2020
only), we are of the view that the appellant can be permitted to remit the said amount to the Roads and Bridge Development Corporation of Kerala Ltd., Ernakulam – 2nd respondent therein.
WA.No.46 OF 2020
..7..
Corporation of Kerala Ltd., Ernakulam is directed to consider the representation and pass orders in accordance with law. Objections to Ext.P2 notice issued under Section 34 of the Revenue Recovery Act shall be submitted within two weeks from today. On receipt of the objections Competent authorities of the Roads and Bridge Development Corporation of Kerala Ltd., Ernakulam under the Revenue Recovery Act and Rules framed thereunder, shall pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of the representation and objections. If the appellant fails to deposit the amount within the said period, but merely makes objections
to Ext.P2 notice, it is open for the revenue recovery authority to proceed further in accordance with law.
With the above directions, writ appeal is disposed of.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Bka/06.02.2020
2 issues framed by the court
Whether the appellant can remit the outstanding dues to discharge liabilities under a bank guarantee.
Whether the appellant can be permitted to file objections to a demand notice under Section 34 while seeking waiver of interest.
1 provisions across 1 enactments
Sisupalan
State of Kerala
Roads and Bridges Development Corporation of Kerala Ltd.
Dhanalaxmi Bank Ltd.
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
