Writ petition challenging distraint order invoking Revenue Recovery Act against petitioner's property for interest rate employee company's default in bonds. Court quashed proceedings as individual property of petitioner.
Quashing of impugned revenue recovery proceedings dated 24.06.2013 and related distraint order.
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 JUDICATURE AT MADRAS
DATED : 22.04.2022
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.NO.17923 OF 2013 & M.P.NOS.1, 2 OF 2013
Sri Nalli Kuppuswami Chetti
... Petitioner
Vs.
The Tahsildar Mambalam- Guindy Taluk Chennai-600 078
... Respondent
PRAYER:
The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, caling for the records of the respondent relating to the distraint order dated 24.06.2013 issued by the respondent and quash the same.
For Petitioner : Mr.K.Harisankar
For Respondent : Mr.T.Venkatesh Kumar , Spl.Govt.Pleader
Petitioner is carrying on wholesale and retail trading in cloth and garments for over 60 years in the name and style Nalli Chinnasami Chetty silks at No.9, Nageswaran Road, T.Nagar, Chennai-600 017.
impugned revenue recovery proceedings came to be issued on 24.06.2013, which he challenges in the present writ petition.
14.06.2008 addressed the District Collector, Chennai to collect the amount from legal heir of the defaulter S.R.G.Ranganathan under Revenue Recovery Act, 1864. In her reply dated 26.06.2013, the daughter of the defaulter had informed the respondent that the said S.R.G.Ranganathan expired on 27.12.1995 and his wife expired on 05.08.2011. Once it is informed that the defaulter and his wife were no more, the respondent would ought to have informed the District Collector of East Godavari District the fact that the defaulter is no more.
Writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
The Tahsildar Mambalam- Guindy Taluk Chennai-600 078.
+2ccs to Mr.K.Harisankar, Advocate, S.R.No.27566 +1cc to the Government Pleader, S.R.No.28016
W.P.No.17923 of 2013 & M.P.Nos.1, 2 of 2013
GMR(CO) PM/24/05/2022
3 issues framed by the court
Whether individual property of a petitioner can be attached for default committed by a stranger.
Whether the Revenue Recovery proceedings are maintainable without adjudication or specific order.
Whether the respondent acted ultra vires in demanding money from legal heirs without proving their liability.
Nalli Kuppuswami Chetti
The Tahsildar Mambalam- Guindy Taluk Chennai-600 078
M.GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
