IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 36748 of 2008(Y) ---------------------------------------------- PETITIONER(S): ---------------------- T.K. MOHAMMED SHAFI, AGED 59 YEARS, S/O.T. ABDUL REHIMAN NEELESWAR, PARTNER, ASIAN TRADING COMPANY, JEW TOWN, MATTANCHERRY, KOCHI-2. BY ADV. SRI.T.K.PANKAJASHAN PILLAI RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, KASARAGODE DISTRICT, KASARAGODE. 2. THE SPECIAL DEPUTY TAHSILDAR (RR), HOSDURG TALUK. 3. THE ASSISTANT COMMISSIONER OF SALES TAX AND AGRICULTURE INCOME TAX, MATTANCHERRY. 4. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 36748 OF 2008 Y -------------------------------------- Dated this the 16th January, 2009 JUDGMENT Petitioner challenges Ext.P8. The basic contention taken is that the notice is not in accordance with Section 49 of the Kerala Revenue Recovery Act. Learned Government Pleader does not dispute that Ext.P8 notice was not served as required. In such circumstances, Ext.P8 is quashed. This will be without prejudice to the right of the respondents to proceed against the property of the petitioner in accordance with law. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge