IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 15357 of 2005(C) -------------------------- PETITIONER: ------------ JOHNY SCARIA,PUTHIYAPARAMBIL HOUSE, EZHUKUMVAYAL,KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK,IDUKKI DISTRICT. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE VILLAGE OFFICER, KALKOONTHAL VILLAGE,UDUMBANCHOLA TALUK. 3. THE TAHSILDAR,REVENUE RECOVERY, UDUMBANCHOLA TALUK AT NEDUMKANDAM. 4. THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM. BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON 23/07/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTICE U/S.65 OF THE RR ACT DT.19.3.05. P2: TRUE COPY OF AGREEMENT DT.14.7.2003. P3: TRUE PHOTOCOPY OF DEMAND DRAFT DT.16.6.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.15357 of 2005 .................................................................... Dated this the 23rd day of July, 2008. JUDGMENT The petitioner is challenging recovery proceedings initiated in the form of arrest for deliberate non-payment of arrears. Even though this court granted conditional stay on 24.5.2005 and on 12.1.2006 directing payment of Rs.25,000/- each and a further direction was issued on 22.2.2006 directing the petitioner to furnish an affidavit after payment of Rs.50,000/- as above, no affidavit is filed and Government Pleader submitted that only Rs.25,000/- is paid. The petitioner has not produced the adjudication order pursuant to which arrest is ordered by the District Collector. However, W.P. was filed at the notice stage itself. I do not think there is any scope for entertaining challenge against proposal for arrest. It is for the Collector to conduct enquiry in a discrete manner about the assets of the petitioner and if he has any assets, concealed or held benami, the Collector will proceed for arrest after serving proceedings on the petitioner. However, if petitioner has settled liability , there is no need to arrest him. The W.P. is closed as above. C.N.RAMACHANDRAN NAIR Judge pms