IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH AUGUST 2007 / 15TH SRAVANA 1929 Con.Case(C).No. 809 of 2007(S) ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8515/2004 Dated 24/11/2005. .................... PETITIONER/ PETITIONER ---------------- N.SREEDHARAN, AGED 73 YEARS,VRINDAVANAM, KATTAYIL, ODANAVATTOM P.O., KOTTARAKKARA. BY ADV. SRI.C.V.VASUDEVAN RESPONDENTS: RESPONDENTS 1 AND 5 ------------------ 1. N.SREENIVASAN, FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 50 YEARS, DISTRICT COLLECTOR, KOLLAM. 2. VENUGOPAL, THE MANAGING PARTNER, KARUNA CASHEW COMPANY, KILIKALLOR, KOLLAM, FATHER'S NAME AND AGED NOT KNOWN TO THE PETITIONER BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = Cont. Case(C).No.809 OF 2007-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6th day of August, 2007. JUDGMENT By Annexure-A order on I.A.16150/05 in W.P(C). 8515/2004, there was a direction to release to the petitioner amounts, if any, outstanding with the Government on account of the sales proceeds in the revenue sale, after crediting amounts due to the Government towards sales tax arrears. The first respondent has placed an affidavit in opposition to this contempt of court case stating that the entire amounts generated by the R.R.sale were insufficient to satisfy even the entire sales tax arrears. Under such circumstances, I do not deem it appropriate to proceed with this case under the Contempt of Courts Act. 2. The learned counsel for the petitioner, however, points out that the claim of the claimant is an entitlement that should run in priority to the sales tax arrears. According to him, the sales tax component can be fastened only after handling the dues to the workman. It is not discernible from the affidavit placed on record as to the assessment year for which the sales tax arrears have been recovered as stated. It is appropriate that when affidavits are filed in court, all relevant factors are placed on record rather than leave the Court to reach at conclusions by drawing inferences and on the basis of the assumptions. Whatever that be, while it would be open to the petitioner to seek appropriate further relief in the writ petition, I do not deem it appropriate to issue any further direction in this case. Having regard to the aforesaid, this contempt of court case is closed without prejudice to the right of the petitioner to seek further relief in the writ petition. THOTTATHIL B. RADHAKRISHNAN, Sha/- JUDGE.