Unnikrishnan vs Deputy Tahsildar
2022 Latest Caselaw 5077 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
    FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                          WP(C) NO. 15465 OF 2022


PETITIONER:

               UNNIKRISHNAN
               AGED 44 YEARS,S/O. LATE BALAKRISHNAN, PALLATH HOUSE,
               NILLIKKODE VILVATTAM VILLAGE, THRISSUR-680 631

               BY ADV K.A.SREEJITH



RESPONDENTS:

    1          DEPUTY TAHSILDAR
               REVENUE RECOVERY, THRISSUR TALUK, THRISSUR-680 001




    2          THE OFFICIAL LIQUIDATOR,
               HIGH COURT OF KERALA, COMPANY LAW BHAVAN, 3RD FLOOR,
               KAKKANAD, THRIKKAKKARA P.O., KOCHIN-682 021


OTHER PRESENT:

               SRI. JIMMY GEORGE ( GP)




        THIS    WRIT    PETITION     (CIVIL)   HAVING   COME   UP    FOR
ADMISSION        ON   06.05.2022,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15465 of 2022                    -2-


                             GOPINATH P., J.
                           -------------------------------
                           W.P.(C) No.15465 of 2022
                       --------------------------------------
                       Dated this the 06th day of May, 2022

                                  JUDGMENT

This writ petition has been filed challenging revenue recovery

proceedings to recover amounts under a decree of this Court under the

provisions of the Companies Act, 1965 read with Companies (Court) Rules.

2. The amount sought to be recovered from the petitioner is a sum of

Rs.77,000/- (Rupees Seventy seven thousand only) with interest at the rate of

6% per annum.

3. The learned counsel for the petitioner submits that the petitioner

proposes to approach this Court with an application to set aside the decree

passed against him.

4. In order to enable the petitioner to approach this Court in the

manner indicated above, I direct that the revenue recovery proceedings shall

be deferred by a period of six weeks. If no orders are obtained by the

petitioner within the aforesaid time, the revenue recovery proceedings shall

continue.

This writ petition is disposed of, with the above directions.

Sd/-

GOPINATH P.

JUDGE Skk/6.5.22

APPENDIX OF WP(C) 15465/2022

PETITIONER'S EXHIBITS:-

Exhibit P1 THE TRUE COPY OF NOTICE ISSUED UNDER SECTION 34 OF REVENUE RECOVERY ACT DATED 22/3/22

Exhibit P2 THE TRUE COPY OF AND DEMAND NOTICE DATED 19/3/2022 ISSUED UNDER SECTION 7 OF REVENUE RECOVERY ACT

Exhibit P3 THE TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 14/11/2017

Exhibit P4 THE TRUE COPY OF REPLY NOTICE ISSUED TO 2ND & RESPONDENT BY THE PETITIONER THROUGH HIS LAWYER ON 1/12/2017

RESPONDENTS' EXHIBITS:- NIL