M.Shahul Hammed vs State Of Kerala on 7 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33689 of 2006(I)


1. M.SHAHUL HAMMED, S/O. NOOHUKHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE SUPERINTENDENT,

4. THE SALES TAX OFFICER,

                For Petitioner  :SRI.R.SATISH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :07/07/2009

 O R D E R
                  P.R. RAMACHANDRA MENON J.
                     ~~~~~~~~~~~~~~~~~~~~~~~
                     W.P. (C) No. 33689 of 2006
                     ~~~~~~~~~~~~~~~~~~~~~~~
                  Dated, this the 7th day of July, 2009

                               JUDGMENT

The prayer in the Writ Petition is, to release the petitioner on

furnishing security to the satisfaction of the second respondent, who

passed orders to cause the petitioner to be arrested and detained in

the civil prison, pursuant to the steps taken under the Kerala Revenue

Recovery Act.

2. When the matter came up for consideration before this Court,

earlier on 19.12.2006, an interim order was passed ordering release of

the petitioner, on furnishing Bank guarantee for a sum of Rs.3 lakhs,

which accordingly was satisfied by the petitioner. The learned counsel

for the petitioner submits that, absolutely no amount is due from the

petitioner to the respondents under any head and hence that the Bank

Guarantee already furnished might be ordered to be released.

3. The learned Government Pleader, on instructions, submits that

the enquiry revealed that, no amount is due from the petitioner to the

Government or Department under any head and that the Bank

Guarantee furnished by the petitioner can be ordered to be released.

4. In the above facts and circumstances, the second respondent

is directed to return the Bank Guarantee furnished by the petitioner,

pursuant to the interim order dated 19.12.2006 passed by this Court in

WP (C) No. 33689 of 2006
: 2 :

the above Writ Petition. Appropriate steps shall be taken in this regard

and the Bank guarantee shall be returned as expeditiously as possible,

at any rate, within two weeks, from the date of receipt of a copy of this

judgment.

The Writ Petition is disposed of as above.

P. R. RAMACHANDRA MENON, JUDGE

kmd