IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 7639 of 2001(H)
1. C.R.SURAJ BABU
... Petitioner
Vs
1. DEPUTY TAHSILDAR
... Respondent
For Petitioner :SRI.T.O.XAVIER
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :17/01/2007
O R D E R
KURIAN JOSEPH, J.
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O.P.No.7639 of 2001
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Dated this the 17th day of January, 2007
JUDGMENT
Petitioners approached this court aggrieved by the recovery steps
initiated against them. There is an interim order of stay in
C.M.P.No.12444/2001 eversince 7-3-2001. There is no counter affidavit.
The main grievance of the petitioners appears to be that the petitioners were
not issued notice prior to the recovery. It is seen from the averments that
the recovery is towards sales tax arrears for the period from 1994-95 from
the former Directors of a public limited company whose Managing Director
is none other than who is impleaded as the 4th respondent. The main ground
is regarding want of notice. In the above facts and circumstances of the
case the writ petition is disposed of making it clear that it will be open to the
second respondent to issue notice to the petitioners, regarding the liability
leading to the impugned recovery, grant an opportunity for hearing and then
pass appropriate orders. Till the action is taken as above by the second
respondent the interim order passed by this court will continue.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
O.P.NO.7639/2001
JUDGMENT
17th January, 2007