IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 13360 of 2007(M) -------------------------- PETITIONER(S): --------------- NAUSHAD KASIM, PUTHUPARAMBIL HOUSE, KAVALA, CHANGANACHERRY. BY ADV. SRI.ANTONY C. ETTUKETTIL RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR (RR), CHANGANACHERRY. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. 4. THE DEPUTY COMMISSIONER (APPEALS), SALES TAX DEPARTMENT, KOTTAYAM. 5. THE TAHSILDAR, CHANGANACHERRY. BY GOVERNMENT PLEADER MR.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.13360/07 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF RR NOTICE DT 18.9.03. P2 COPY OF RR NOTICE DT 18.9.03. P3 COPY OF NOTICE DT 8.10.03 ISSUED BY R2. P4 COPY OF OBJECTION FILED DT 25.10.03. P5 COPY OF ORDER DT 28.11.03. P6 COPY OF NOTICE DT 5.2.03. P7 COPY OF JUDGMENT DT 24.11.06. P8 COPY OF ORDER DT 8.3.07. P9 COPY OF MEMORANDUM OF APPEAL FOR 98-99. P10 COPY OF MEMORANDUM OF APPEAL FOR 99-00. P11 COPY OF MEMORANDUM OF APPEAL FOR 2000-01. P12 COPY OF MEMORANDUM OF APPEAL FOR 01-02. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 13360 OF 2007 M ```````````````````````````````````````````````````` Dated this the 25th day of February, 2009 J U D G M E N T Petitioner challenges Exts.P1 to P3 and P8 notices. Ext.P8 is an order passed by the District Collector purporting to find that the petitioner is capable of paying the arrears but he is wilfully withholding that payment. The petitioner had approached this court earlier and Ext.P7 judgment culminated wherein an opportunity was given to the petitioner to appear before the 2nd respondent who was to hear the petitioner and pass orders. It is thereafter Ext.P8 is passed. 2. I heard learned counsel for the petitioner and learned Government Pleader. 3. There is no dispute that Ext.P8 does not disclose the reasons. Accordingly, Ext.P8 is liable to be set aside. Ext.P8 is quashed. The petitioner will appear before the 2nd respondent on 5.3.2009 at 11 a.m. and the 2nd respondent will proceed to consider the matter and take a decision in the matter and communicate the same to the petitioner. Till such time, petitioner will not be arrested. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks