IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 10476 of 2007(V) -------------------------- PETITIONERS: --------------- 1. P.SURENDRAN, SUKANYA BHAWAN, TC 12/582, KUNNUKUZHI P.O., TRIVANDRUM. 2. PRASAD HOTELS PRIVATE LIMITED, PMG JUNCTION, TRIVADNRUM, REPRESENTED BY ITS MANAGING DIRECTOR, P.SURENDRAN. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2. COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, GOVERNMENT OF KERALA, TRIVANDRUM-695001. 3. ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, TRIVADNRUM. 4. ASSISTANT EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, PATHANAMTHITTA. BY GOVT.PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARDON 09/07/2008, ALONG WITH OP NO.29985/02 AND WPC NO.33471/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.10476/2007-V & 33471/2007-I & O.P.No.29985/2002-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of April, 2008. O R D E R 1.Consolidate these writ petitions. 2.Kishore, Surendran and Mohammed Shafi owe certain amounts as abkari arrears. Their properties were put to sale. There was also an order regarding the apportionment among them. Based on that decision, certain actions have been taken by the Collector. 3.WP(C).9309/2007 filed earlier by Sri.Kishore seeking direction to take appropriate steps for recovery of the entire dues from Surendran and Mohammed Shafi ended in a judgment dated 8-6-2007 recording the submission of the learned Government Pleader that Sri.Surendran had deposited an amount of Rs.40 lakhs. It was directed that since the liability is joint and several, the official WP(C)10476/07 & con.cases -: 2 :- respondents shall proceed against Kishore, Surendran and Mohammed Shafi for the entire amount at the same time, though that writ petition is stated to have been disposed of without hearing Mohammed Shafi and Surendran. 4.Whatever be the nature of the liabilities, if any request of the parties is conceded by the Government on the basis of any agreement between the parties, then, such decision of the Government would operate against the Government in relation to recovery. While Kishore asserts that no order for apportionment was passed by any competent authority with his consent, the others state that the apportionment order was with the junction of Kishore. 5.The Collector executing the proceedings for recovery has, with the passage of time, ensured that certain amounts have been recovered. 6.Under such circumstances, the official WP(C)10476/07 & con.cases -: 3 :- respondents are directed to have an affidavit placed on record regarding the recoveries made and action taken against each of the persons. That affidavit shall also show the total outstandings that may be due as of now. Let such affidavit be placed on record by the 30th of May, 2008. 7.Post on 3-6-2008. Hand over to learned counsel for parties. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/010408