IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22495 of 2011(J) -------------------------- PETITIONER: --------------- M.K.RAJAN, S/O.M.KRISHNAN, MULLANGATH HOUSE, P.O.CODACAL, MALAPPURAM DISTRICT. BY ADV. MR.T.KRISHNAN UNNI, SENIOR ADVOCATE MR.SAJU.S.A MR.JAMSHEED HAFIZ MR.K.C.KIRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER, MALAPPURAM. 3. DEPUTY TAHSILDAR,(REVENUE RECOVERY), TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT. GOVERNMENT PLEADER MR.ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22495 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: NOTICE ISSUED TO THE PETITIONER BY R3. EXT.P2: NOTICE ISSUED DTD. 22.12.2005 UNDER SECTION 34 OF THE RENEVUE RECOVERY ACT. EXT.P3: JUDGMENT IN W.P.(C).N0.3819/2006 DTD. 28.5.2009. EXT.P4: ORDER BY R3 DTD. 2.4.2011. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.22495 Of 2011 ---------------------- Dated this the 18th day of August, 2011. J U D G M E N T Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The writ petition is filed seeking to quash Ext.P4 order and for a direction directing the 3rd respondent Tahsildar to re- hear the petitioner after giving an opportunity of being heard. 3. Ext.P4 order passed by the 3rd respondent is under challenge. The petitioner is the Secretary of the Tirur Range Toddy Workers' Industrial Co-Operative Society, Tirur. Proceedings were initiated against the petitioner for realisation of the amount due from the Society. By Ext.P3 judgment this Court issued directions to the 3rd respondent to proceed with the recovery after hearing the petitioner and after passing adjudicatory orders on his objections and after going through the agreement executed with the Government. The petitioner submits that Ext.P4 is the order passed by the 3rd respondent pursuant to the direction issued by this Court in Ext.P3 judgment. ::2:: W.P.(C).No.22495 Of 2011 Petitioner submits that Ext.P4 order was passed without issuing notice to the petitioner or hearing him though this Court specifically directed the Tahsildar to pass orders after considering his objections and after going through the agreement executed by the petitioner with the Government. 4. In Ext.P4 order it is stated that the Tahsildar posted the matter for hearing on 12.1.2010. On that day, the petitioner entered appearance. Finding that the copy of the agreement is not available the Tahsildar adjourned the case for consideration on a later date. The petitioner submits that the 3rd respondent did not inform him about the hearing date and therefore, he was unable to attend the hearing on the subsequent date. The learned counsel for the petitioner pointed out that without hearing the petitioner and without affording an opportunity for production of relevant documents, 3rd respondent passed Ext.P4 order directing the petitioner to remit the KIST arrears and decided to proceed to recover the KIST arrears by resorting to Revenue Recovery proceedings. ::3:: W.P.(C).No.22495 Of 2011 5. On an examination of Ext.P4 order, it is seen that the order was passed without hearing the petitioner and without considering any contentions raised by the petitioner. In these circumstances, this Court is of the view that an opportunity shall be given to the petitioner to appear before the Tahsildar for a hearing. 6. Accordingly, Ext.P4 order is quashed. A direction is issued to the 3rd respondent to consider the matter afresh after affording an opportunity of being heard to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-