IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 25689 of 2011(I) -------------------------- PETITIONER: --------------- MUHAMMED ALI ALIAS ALI HAJI, AGED 54 YEARS, S/O.BAVA RAWTHER,BLOSSOM MANZIL, COYALMANNAM, ALATHUR PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001. 2. THE TAHSILDAR, ALATHUR TALUK, TALUK OFFICE,ALATHUR, PALAKKAD-678 541. 3. K.I.BASHEER, S/O.K.K.IBRAHIM, AMBATTUPARAMBIL HOUSE, KUTHAMPILLY, THIRUVILWAMALA THRISSUR DISTRICT-680 582. SR. GOVERNMENT PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25689 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF THE NOTICE NO.B9/2007/2191/9 DATED 30/10/2010. EXHIBIT P2. TRUE COPY OF THE PROCEEDINGS NO.B9/2007/2191/9 DATED 30/11/2010. EXHIBIT P3. TRUE COPY OF THE JUDGMENT DATED 11/2/2011 PASSED IN WPC 36933/2011. EXHIBIT P4. TRUE COPY OF THE PROCEEDINGS NO.B9-2007/2191/9 DATED 28/7/2011 EXHIBIT P5. TRUE COPY OF THE NOTICE IN FORM 19 OF KERALA REVENUE RECOVERY RULES, 1968. RESPONDENTS' EXHIBITS : NIL RKC //True copy// PA to Judge S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25689 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2011 J U D G M E N T The petitioner is a defaulter in payment of motor vehicle tax in respect of a contract carriage bearing registration No.KL 09 L 4141 which the petitioner claims he has sold to the 3rd respondent. The petitioner does not dispute the liability as such in so far as he is the registered owner of the vehicle. Now proceedings under Section 65 of the Kerala Revenue Recovery Act has been initiated for arresting the petitioner. That is under challenge in this writ petition. According to the petitioner, the petitioner has no means to pay and therefore the petitioner cannot be arrested. The petitioner seeks the following reliefs: “(i) Call for the records relating to the passing of Exhibit P4 show cause notice and quash the same by the issuance of a writ of certiorari; (ii) issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to provide a final opportunity to the petitioner to file his objections/statement in reply to Exhibit P4 show cause notice; (iii) issue a writ of mandamus or any other appropriate writ W.P.(C)No.25689 of 2011 -2- commanding the 1st respondent to provide a copy of the order if any passed pursuant to Exhibit P4 show cause notice;” 2. This is opposed by the learned Government Pleader who submits that there is sufficient materials on record to show that the petitioner has means to pay and he is actually evading payment. 3. I have considered the rival contentions in detail. 4. I find that, twice against orders under Section 65, the petitioner has approached this court but withdrew the writ petitions. In Ext.P4 order of the District Collector, it is specifically stated thus: “Tahsildar, Alathur has reported as per ref. 2nd cited that the defaulter Sri. Muhammed Ali possess no movable or immovable properties having independent saleable right. But Tahsildar has pointed out that the defaulter is residing in the house which was purchased during 1991 in the name of his son who was a minor at that time. It was also reported that rent is being collected by the defaulter from the two shops belonging to the son. He is managing an STD booth now at Chandapura, Kuzhalmannam. Tahsildar has suggested for initiating action U/s 65 of the KRR Act in order to realise the dues. On further enquiry it is revealed that the defaulter is managing the STD booth now also. His son Anas is now aged 20 yrs. Now he is a student, in 1991 when he was only 2 years, he cannot raise the fund to purchase the landed property admeasuring an extent of 0.1032 Hectares of land in a commercially important place like Kuzhalmannam. Sril Anas also possesses landed property measuring an extent of 0.0809 hectares. Rent is being collected from the shop rooms in that W.P.(C)No.25689 of 2011 -3- plot by the defaulter himself. The defaulter himself was in gulf for almost 25 years. It is also revealed that the defaulter has given another 0.0121 hectares of land (road side) to his minor son Anas during 1991 without receiving any money”. In view of the said findings, I am also not satisfied that the petitioner has no means to pay. I am fully satisfied that the petitioner is evading payment deliberately. I do not find any bonafides in this writ petition. Accordingly the same is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/