IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1529 of 2008(F) ------------------------- PETITIONER: -------------- JOHN MULLANTHOTTI @ M.A.JOHN, S/O.ABRAHAM, AGED 57, MUREEKAL HOUSE, KUZHIYARA P.O, THALAKKAD, CHOTTANIKKARA VIA. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR (REVENUE RECOVERY), ERNAKULAM. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 1529 OF 2008 F ===================== Dated this the 11th day of January, 2008 J U D G M E N T Ext.P1 show cause notice was issued to the petitioner calling upon him to show cause why warrant of arrest shall not be issued under Section 65 of the Revenue Recovery Act. It is stated that in response to Ext.P1, petitioner has filed Ext.P2 objections. The complaint is that immediately on receipt of Ext.P2 objection to Ext.P1 show cause, without any hearing or proper enquiry orders have been passed and that warrant of arrest has also been issued. 2. Going by Ext.P1, petitioner was called upon to file his objection and appear in person on 9/1/2008. It is the specific case of the petitioner that he has appeared as directed and filed his objections. Once notice has been issued and objection has been filed, it is imperative on the part of the 1st respondent to WPC 1529/08 :2 : conduct an enquiry into the availability of means for the defaulter to satisfy the liability. If that has not been done, the 1st respondent shall complete the enquiry afresh with notice to the Petitioner and with an opportunity of hearing. Needless to say that if proceedings have not been held as above, until proceedings are completed as directed, no coercive action as proposed, in Ext.P1 shall be taken against the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp