IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 33689 of 2006(I) -------------------------- PETITIONERS: --------------- M.SHAHUL HAMMED, S/O. NOOHUKHAN, AGED 50 YEARS, MMK COTTAGE, INCHIVILA, PARASSALA, NOW DETAINED IN CENTRAL PRISON, TRIVANDRUM. BY ADV. MR. R.SATISH KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, TRIVANDRUM. 3. THE SUPERINTENDENT, CENTRAL JAIL, TRIVANDRUM. 4. THE SALES TAX OFFICER, NEYYATTINKARA. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 33689 of 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of July, 2009 JUDGMENT The prayer in the Writ Petition is, to release the petitioner on furnishing security to the satisfaction of the second respondent, who passed orders to cause the petitioner to be arrested and detained in the civil prison, pursuant to the steps taken under the Kerala Revenue Recovery Act. 2. When the matter came up for consideration before this Court, earlier on 19.12.2006, an interim order was passed ordering release of the petitioner, on furnishing Bank guarantee for a sum of Rs.3 lakhs, which accordingly was satisfied by the petitioner. The learned counsel for the petitioner submits that, absolutely no amount is due from the petitioner to the respondents under any head and hence that the Bank Guarantee already furnished might be ordered to be released. 3. The learned Government Pleader, on instructions, submits that the enquiry revealed that, no amount is due from the petitioner to the Government or Department under any head and that the Bank Guarantee furnished by the petitioner can be ordered to be released. 4. In the above facts and circumstances, the second respondent is directed to return the Bank Guarantee furnished by the petitioner, pursuant to the interim order dated 19.12.2006 passed by this Court in WP (C) No. 33689 of 2006 : 2 : the above Writ Petition. Appropriate steps shall be taken in this regard and the Bank guarantee shall be returned as expeditiously as possible, at any rate, within two weeks, from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd