IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 10758 of 2008(E) --------------------------------- PETITIONER(S): ------------------- 1. NAZARUDDIN, S/O. AHAMMED KUNJU, MOOLATHARAYIL VEEDU, PADINJATTANKIZHAKKU, SOORANADU NORTH, KOLLAM DISTRICT. 2. HAFSA BEEVI, SHERAFUDDIN, MOOLATHARAYIL VEEDU, PADINJATTANKIZHAKKU, SOORANADU NORTH, KOLLAM DISTRICT. BY ADVS. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, KOTTAYAM. 4. THE INTELLIGENCE OFFICER (IB), COMMERCIAL TAXES, KOTTAYAM. 5. THE COMMERCIAL TAX OFFICER, KARUNAGAPPALLY, KOLLAM DISTRICT. 6. THE TAHSILDAR, KUNNATHUR TALUK, KOLLAM DISTRICT. 7. SHERAFUDDIN, MOOLATHARAYIL VEEDU, PADINJATTANKIZHAKKU, SOORANADU NORTH, KOLLAM DISTRICT. 8. PROPRIETOR,MOOLATHARAYIL AGENCIES, CHAKKUVALLY,KOLLAM DISTRICT. R1 TO R6 BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 10758/2008(E) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BOND DATED 14/03/2007 JOINTLY EXECUTED BY THE PETITIONERS. P2: COPY OF THE NOTICE DATED 28/05/2007. P3: COPY OF THE NOTICE DATED 17/10/2007. P4: COPY OF THE NOTICE DATED 18/10/2007 ISSUED TO THE 2ND RESPONDENT. P5: COPY OF THE NOTICE DATED 10/11/2007 ISSUED BY THE 2ND RESPONDENT. P6: COPY OF THE NOTICE DATED 12/11/2007 ISSUED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.10758 of 2008 ------------------------------------------- Dated this the 6th day of January, 2011 J U D G M E N T ---------------------- It is noticed that this writ petition was filed as early as in March 2008. At the time of admission, this court had granted an interim stay, on 28.3.2008, subject to condition of the petitioner remitting a sum of Rs.5 lakhs on or before the date of the sale scheduled under Ext.P6 notice. The said condition was stipulated on the basis that the very contention of the petitioner was that, he is liable for payment only to the extent of Rs.5 lakhs, because the amount sought to be recovered pertains only with respect to a Bond executed with a limited liability to that extent. 2. It is noticed that, inspite of lapse of more than 2½ years, the petitioner has not complied with the condition. 3. Under such circumstances I am not inclined to exercise the discretionary jurisdiction in favour of the petitioner. Accordingly the writ petition is dismissed. C.K.ABDUL REHIM, JUDGE. okb