IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 RSA.No. 14 of 2007() -------------------- AS.279/2003 OF DISTRICT COURT,TRIVANDRUM OS.1948/2000 of III ADDL.MUNSIFF COURT,TRIVANDRUM .................... APPELLANT/APPELLANT/PLAINTIFF ------------------------------------------------------ A. RAJENDRA PRASAD, S/O.G.APPUKUTTAN, RESIDING AT MITHIN VIHAR, PANAYARAKUNNU, BALARAMAPURAM, P.O.KATTACHALKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENTS/RESPONDENTS/DEFENDANTS ----------------------------------------------------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE TAHSILDAR (R.R.), NEYYATTINKARA, THIRUVANANTHAPURAM. 4. A. SIVAKUMAR, RESIDING AT ARCHANA BHAVAN, PANAYARAKUNNU, BALARAMAPURAM, KATTACHALIKUZHI P.O., THIRUVANANTHAPURAM. ADV. SRI.RAM MOHAN.G. FOR R4 SRI.G.P.SHINOD FOR R4 SRI.MANU V. FOR R4 GOVERNMENT PLEADER FOR R1 TO 3 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb RSA.No. 14 of 2007 I.A.NO.23 OF 2007 IN RSA NO.14 OF 2007 Dismissed Sd/- M.SASIDHARAN NAMBIAR 29.06.2011 JUDGE //TRUE COPY// P.A. TO JUDGE dmb M.SASIDHARAN NAMBIAR, J. ---------------------------------------- R.S.A.No. 14 OF 2007 -------------------------------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The learned senior counsel appearing for the appellant submitted that the appellant is an assignee from the fourth respondent, after notice was served on the fourth respondent in the revenue recovery proceedings initiated against the fourth respondent, in respect of sales tax arrears and subsequent to the filing of the second appeal, some of the sales tax assessment orders were set aside and major portion of the liability was cleared. It was submitted that as properties of the appellant could be proceeded only for the balance amount due as on the date of the notice on the fourth respondent before the transfer in favour of the appellant, the appeal may be closed. Recording the submission, the appeal is closed. M.SASIDHARAN NAMBIAR JUDGE dmb