IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 12389 of 2009(P) -------------------------------------- PETITIONER: ------------------- A.M. ABDULLA, S/O. MUHAMMED, AGED 58 YEARS, ANCHAMPARTUTHIYIL, CHENDAMANGALAM P.O., N. PARAVUR. BY ADV. SRI.K.A.MANZOOR ALI. RESPONDENTS: ------------------------ 1. THE ACCOUNTS OFFICER, B S N L, B S N L BHAVAN, KALATHIPARAMBIL ROAD, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, N. PARAVUR. R1 BY ADV. SRI.K.KESAVANKUTTY, S.C, B S N L, R2 BY GOVT. PLEADER SRI. JAMES MATHEW KADAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12389/2009-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS. EXT.P.2: COPY OF THE DEMAND NOTICE, RECOVERY NOTICE AND ENGLISH TRANSLATION. EXT.P.2.A: COPY OF THE REVENUE RECOVERY NOTICE. EXT.P.3: COPY OF THE REPRESENTATION DTD. 20/09/2007 FILED BEFORE THE R.1. EXT.P.4: COPY OF THE JUDGMENT DTD. 24/10/07 OF THIS HON'BLE COURT. EXT.P.5: COPY OF THE JUDGMENT DTD. 22/11/07 OF THIS HON'BLE COURT IN WRIT APPEAL. EXT.P.6: COPY OF THE ORDER DTD. 05/11/08 PASSED BY THE R.1. EXT.P.7: COPY OF THE JUDGEMENT DTD. 25/05/09 IN W.P.(C).NO.3427/2009 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P.8: COPY OF THE ARGUMENT NOTES SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.9: COPY OF THE ORDER DTD 23/03/2009 PASSED BY THE R.1. EXT.P.10: COPY OF THE BILL ISSUED BY THE R.1. EXT.P.10.A: COPY OF THE BILL ISSUED BY THE R.1. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE JUDGMENT DTD. 19/02/007 IN COMPANY PETITION NO. 9 OF 2004 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 12389 of 2009 ================== Dated this the 14th day of July, 2011 J U D G M E N T This writ petition is filed by a director of a company which has been wound up, challenging recovery proceedings initiated by the BSNL for recovery of arrears of telephone charges. As early as on 15.4.2009, I passed the following order; “When it was pointed out to the learned counsel for the petitioner that the Company namely ADMAS Multi Marketing Pvt. Ltd. of which the petitioner was the former Director, itself was ordered to be wound up interalia on the ground that that company itself was formed for the purpose of defrauding another Company with similar name, counsel for the petitioner seeks time. Post after vacation.” Winding up order has been passed specifically for the reason that this company has played a fraud on the public. That fraud was played by the company at the instance of the petitioner himself, who was the sole man behind the company. In view of the said conduct of the petitioner, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner and, accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge