IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25158 of 2009(L) -------------------------- PETITIONER: --------------- M.J.ALEXANDER, MADUKUTHIYIEL HOUSE, KANAKKARY P.O., ETTUMANOOR, KIZHAKUM BHAGAM KARA, KOTTAYAM TALUK. BY ADV. MR. JOMY GEORGE MR. M.J.BENNY MR. SEBASTIAN THOMAS RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMERICAL TAX OFFICER, FIRST CIRCLE, KOTTAYAM. 3. DISTRICT COLLECTOR, KOTTAYAM. 4. TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. 5. VILLAGE OFFICER, EATTUMANOOR. 6. M.J.JOSE, SWARNAMAHAL, KOTTAYAM. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 25158 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of August, 2009 JUDGMENT The grievance of the petitioner is that, he had never stood as a surety to any transaction or in connection with any proceedings and as such no liability could have been mulcted on his shoulders with regard to the 'sales tax arrears', stated as due from the 6th respondent. The learned counsel for the petitioner submits that, the grievance has already been taken up by filing Ext.P3 representation before the 4th respondent and that the petitioner will be satisfied, if necessary direction is given to the 4th respondent to have the matter finalized. 2. Heard the learned Government Pleader as well, who submits that the 4th respondent will finalize the proceedings after calling for the requisite materials from the requisitioning authority. 3. In the said circumstances, the matter is disposed of, directing the 4th respondent to consider and pass appropriate orders on Ext.P3 representation in accordance with law, of course after giving an opportunity of hearing to the petitioner as well as the requisitioning authority, which exercise shall be pursued and finalized as expeditiously as possible, at any rate within 3 months from the date of the receipt of a copy of the judgment. It is made clear that, till such WP (C) No. 25158 of 2009 : 2 : appropriate orders are passed on Ext.P3, all further proceedings, pursuant to Exts. P1 and P2 notices issued under the Kerala Revenue Recovery Act, shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd