IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 23695 of 2006(U) -------------------------- PETITIONER: ------------ DHINIL KUMAR, AMRUTHA HOUSE, PATHIYARIKANDI PARAMBU, ARAKKINAR, BEPUR, KOZHIKODE. BY ADV. SRI.P.P.JACOB RESPONDENTS: ------------- 1. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KOZHIKODE. 2. THE SPECIAL OFFICER, REVENUE, K.S.E.B., PATTOM, TRIVANDRUM. 3. CALICUT WHOLESALE CO-OPERATIVE CONSUMER STORE LTD. NO.1034, SOUTH BEACH ROAD, KOZHIKODE, REP. BY ITS LIQUIDATOR. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. G.P. SHRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1.9.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 23695/06. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE REVENUE RECOVERY NOTICE BY R1. sdk+ ///True copy/// P.S. to Judge KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.23695 of 2006 ----------------------------------------- Dated this the 1st day of September, 2008 JUDGMENT Petitioner approached this court aggrieved by the recovery steps initiated as per Ext.P1. It is seen that Ext.P1 pertains to liability by way of electricity charges due from the Calicut Wholesale Co-operative Consumer Stores Ltd. Petitioner can never be personally liable for the same. That apart, it is seen that the same is issued to the father of the petitioner, who happened to be the Chairman of the Administrative Committee of the said Society. Despite interim stay granted on 31-8- 2006 there is no counter affidavit. I find force in the submissions referred to above. Therefore, the impugned recovery is quashed as against the petitioner without prejudice to the liberty to the KSEB/Revenue to proceed against the assets of the Society. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.23695 of 2006 ----------------------------------- JUDGMENT 1st September, 2008