IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 22247 of 2006(W) --------------------------------------- PETITIONER: ------------------ C.M.M. HANEEFA, KUNNUMPURATH SHEEJA NIVAS, KUTTICHAL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 22247/2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE NOTICE NO. R3/18191/2000 DT. 28/5/03 ISSUED BY THE R2. EXT.P2. COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE R2 DT. 2/6/2003. EXT.P3. COPY OF THE ORDER NO. R3.18191/00 DT. 29/07/06 OF THE R2. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI, J. ------------------------- W.P.(C).No.22247 of 2006 ------------------------- Dated this the 25th day of January, 2008. JUDGMENT The petitioner challenges Ext.P3 order passed by the District Collector purportedly under Section 65 of the Revenue Recovery Act declaring that steps will be taken to arrest and detain the petitioner in civil prison, if he fails to deposit an amount of Rs.170850/- stated to be due from him. In my view, a mere reading of the order would show that it does not satisfy the requirements under Section 65 of the Act. The proceedings for arrest and detention of a citizen in a civil prison under the provisions of the Revenue Recovery Act will have to follow the procedure prescribed under Section 65 of the Act. There has to be a notice by the District Collector to the defaulter intimating him of the grounds on the basis of which an order of detention is proposed to be passed, after giving him an opportunity to file objections. An enquiry into those W.P.(C).NO.22247/06 :: 2 :: grounds is also necessary and finally there has to be a finding by the District Collector that one or more of the factors mentioned in Section 65 of the Act have been satisfied thereby leading to a conclusion that there is a wilful default on the part of the person concerned to pay the amount due to the Government. In the present case, the satisfaction requisite under Section 65 of the Act seems to be based on a report by the Tahsildar, Revenue Recovery, Nedumangad to the effect that the petitioner and his family are affluent enough. This will not suffice, in view of Section 65 of the Act. In the result, the writ petition is disposed of directing the 2nd respondent to treat Ext.P3 as a show cause notice. The petitioner may file his objections within one month from today. If a copy of the material, on the basis of which the District Collector has come to a conclusion in Ext.P3, is required by the petitioner, the same shall be W.P.(C).NO.22247/06 :: 3 :: supplied to the petitioner. Thereafter, the enquiry shall be conducted and an order shall be passed by the District Collector in accordance with law. Final orders shall be passed by the District Collector in accordance with law within four months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//