Kerala High Court
K.R. Purushothaman Nair vs State Of Kerala on 23 August, 2017
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 25TH DAY OF SEPTEMBER 2017/3RD ASWINA, 1939
WP(C).No. 30025 of 2017 (C)
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PETITIONER :
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K.R. PURUSHOTHAMAN NAIR
SIVAKRIPA HOUSE, ALAPUZHA,
MANNAR, KUTTEMPERUR.689 623.
BY ADV. SRI.MANU RAMACHANDRAN
RESPONDENTS :
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1. STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
ALAPUZHA, COLLECTORATE, PALACE ROAD,
CIVIL STATION WARD, ALAPPUZHA, KERALA.688 001.
2. DEPUTY TAHSILDAR
CHENGANNUR TALUK, NEAR MINI CIVIL STATION,
ENGINEERING COLLEGE ROAD, CHENGANNUR,
KERALA-689 121.
3. VILLAGE OFFICER, MANNAR VILLAGE,
ALAPPUZHA DISTRICT.688 506.
4. THE COMMERCIAL TAX OFFICER
COMMERCIAL TAX DEPARTMENT,
ERNAKULAM-682 002.
BY GOVERNMENT PLEADER SRI.SHAMSUDHEEN K.V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 25-09-2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
bp
WP(C).No. 30025 of 2017 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: A TRUE COPY OF CERTIFICATE OF RECOVERY
DATED 23.8.2017.
EXHIBIT P2: A TRUE COPY OF DEMAND NOTICE DATED
24.8.2017.
EXHIBIT P3: A TRUE COPY OF PURCHASE DOCUMENT OF
PETITIONER'S PROPERTY DATED 10.4.2000.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).No.30025 Of 2017
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Dated this the 25th day of September, 2017
J U D G M E N T
The petitioner has approached this Court aggrieved by the recovery steps initiated by the respondents, against the properties of the petitioner, for realisation of alleged amounts due from the petitioner's son. When the matter came up for admission, this Court had, based on the representation of the learned counsel for the petitioner that the authorities attached to the office of the 2nd respondent had visited the premises of the petitioner and threatened the petitioner with dispossession and recovery action despite the petitioner having informed the said officers that the properties in question belonged to the petitioner and not his son who was the defaulter on the files of the respondents, asked the 2nd respondent to be present in Court today. The 2nd respondent is present in Court today and clarifies that, on noticing that the property in question belonged to the petitioner and not his son, the respondent and his officers refrained from proceeding further with the recovery proceedings against the petitioner. This submission is recorded and the the writ petition is closed by directing that the respondents shall not proceed against the properties of the petitioner for realisation of any amount from the petitioner's son.
The writ petition is closed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/25.09.17