IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 722 of 2008(S)
1. K.A. JALEEL,
... Petitioner
Vs
1. SRI. SALIM RAJ
... Respondent
For Petitioner :SRI.S.ABDUL RAZZAK
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :03/07/2008
O R D E R
Thottathil B. Radhakrishnan, J.
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Cont.Case (C)No.722 of 2008
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Dated this the 3rd day of July, 2008.
ORDER
R.P.No.635 of 2008 seeking review of the order,
which forms the foundation of contempt case, has
been disposed of today with certain directions and
clarifications, however not interfering with the
interim order dated 16-4-2008 in WP(C)No.13185 of
2008. This means that, in giving effect to that
order, the writ petitioner has to provide such
materials as are required to satisfy the conditions
imposed in the interim order dated 16-4-2008. The
learned special Government Pleader for Taxes states
that though the writ petitioner had attempted to
provide a bond for Rs.1.5 lakhs, the value of the
movables would be much lower than that and he
cannot be permitted to inflate such value and still
further that there was no bond provided in such
form as is normally done. It is also stated that
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no necessary accompanying documents were produced.
It is specifically stated that solvency certificate
regarding the person executing the bond is also to
be provided in support of the bond.
2. For the aforesaid reasons, I am clear in
my mind that no case of contempt is made out, as of
now, and the Tahsildar will, on appearance of the
petitioner, finalise the form of the bond and also
take any application that the petitioner may file
for the issuance of solvency certificate or other
document, as may be necessary and take final action
thereon, within a period of one week therefrom. If
the bond is produced following such procedure, the
interim order shall be given effect to subject to
the result of the writ petition. Petitioner is
directed to appear before the Tahsildar, Taluk
Office, Kottarakkara on 5-7-2008. Petitioner will
be at liberty to produce copies of the order in
contempt case and the review petition before the
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Tahsildar.
Issue certified copies to the learned special
Government Pleader for Taxes also.
Thottathil B.Radhakrishnan,
Judge.
sl.