Kerala High Court
Joseph Tomy vs State Of Kerala on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 13110 OF 2022
PETITIONERS:
1 JOSEPH TOMY,
AGED 70 YEARS
SON OF JOSEPH, RESIDING AT PANAMATTATHIL NJAVALLIL
KADANKAVIL HOUSE, KAROOR P.O, PONADU KARA, LALAM
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN 686
575.
2 ELAMMA,
WIFE OF JOSEPH TOMY, RESIDING AT PANAMATTATHIL
NJAVALLIL KADANKAVIL HOUSE, KAROOR P.O, PONADU KARA,
LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN
686 575.
3 JOSE TOM,
SON OF JOSEPH TOMY, RESIDING AT PANAMATTATHIL NJAVALLIL
KADANKAVIL HOUSE, KAROOR P.O, PONADU KARA, LALAM
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN 686
575.
4 TOM K TOM,
SON OF JOSEPH TOMY, RESIDING AT PANAMATTATHIL NJAVALLIL
KADANKAVIL HOUSE, KAROOR P.O, PONADU KARA, LALAM
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN 686
575.
BY ADVS.
ABRAHAM GEORGE JACOB
C.MURALIKRISHNAN (PAYYANUR)
AKSHAY R
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
KERALA IN THE DEPARTMENT OF EXCISE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2 THE DISTRICT COLLECTOR,
KOTTAYAM, COLLECTORATE P.O, KOTTAYAM , PIN 686 002.
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WP(C) NO. 13110 OF 2022
3 THE EXCISE COMMISSIONER,
EXCISE COMMISSIONERATE, VIKAS BHAVAN, NANDAVANAM,
THIRUVANANTHAPURAM 695 033.
4 THE TAHSILDAR (REVENUE RECOVERY),
MEENACHIL TALUK, PALA P.O, KOTTAYAM DISTRICT, PIN 686
575.
5 THE VILLAGE OFFICER,
LALAM VILLAGE, MINI CIVIL STATION, PALA P.O, KOTTAYAM
DISTRICT, PIN 686 575.
OTHER PRESENT:
SR.G.P SRI. BIMAL.K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 13110 OF 2022
Sathish Ninan, J.
==============================
W.P.(C).No.13110 of 2022
==========================
Dated this the 7th day of April, 2022
JUDGMENT
Petitioners are faced with revenue recovery proceedings.
Recovery is in respect of an alleged defaulted Abkari Kist
arrears for the period 1969-1970. The arrears are claimed to
be due from the predecessor-in-interest of the petitioners.
The assets devolved upon the petitioners from the predecessor
is sought to be proceeded against. Objecting to the claim and
recovery, petitioners submitted Ext.P3 objection before the 2 nd
respondent. It would be sufficient if the 2 nd respondent
considers the same and pass appropriate orders.
Accordingly, the writ petition is disposed of directing
the 2nd respondent to consider and pass appropriate orders on
Ext.P3 objection, after affording an opportunity of hearing to
the petitioners. Till orders are so passed, further
proceedings for recovery shall be put on hold. If petitioners
WP(C) NO. 13110 OF 2022
make a request to the Deputy Commissioner of Excise for
details regarding the alleged arrears, the same shall be
provided.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO. 13110 OF 2022
APPENDIX OF WP(C) 13110/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF GIFT DEED NO. 376 OF 1969 OF
MEENACHIL SRO, KOTTAYAM DATED 14.02.1969.
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 26.03.2022 NO.
DCKTM/102/2020-B2.
Exhibit P3 TRUE COPY OF THE OBJECTION FIELD BY THE
PETITIONERS DATED 01.04.2022 BEFORE THE 2ND
RESPONDENT.
Exhibit P4 TRUE COPY OF THE APPLICATION UNDER RIGHT TO
INFORMATION ACT FILED BY THE PETITIONER
BEFORE THE DISTRICT COLLECTOR, KOTTAYAM.
