IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11102 of 2008(V)
1. M.K. SHAJI, S/O. KUMARAN,
... Petitioner
2. M.O. KUMARAN, AGED 65 YEARS,
Vs
1. THE RECOVERY OFFICER
... Respondent
2. THE SOUTH INDIAN BANK LTD.,
3. THE MANAGER,
4. SRI.C.K. ABDUL HASIM, S/O.C.P.UNNI,
For Petitioner :SRI.N.M.VARGHESE
For Respondent :SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :10/04/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P.C.No.11102 of 2008
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Dated this the 10th day of April, 2008
JUDGMENT
The grounds raised by the petitioners in support of the writ
petition are those on which remedies are available in terms of
the second schedule to the Income Tax Act, including to set aside
the sale on allegation of fraud etc. or for other relief in
accordance to those provisions. After such proceedings before
the recovery officer, the petitioners will have a statutory remedy
by way of an appeal to the Tribunal. Under such circumstances,
it is unnecessary for this Court to exercise discretionary
visitorial jurisdiction on different grounds as are urged, which
included question of facts also.
In the result, the writ petition is dismissed without
prejudice to the right of the petitioners to seek further remedies.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
JUDGE
csl