IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 31858 of 2004(P) -------------------------------------- PETITIONER: ------------------ DINESH SOMAYAJI, S/O. ANANDA SOMAYAJI, GANESH KRIPA, C/O. SOMAYAJI HOSPITAL, B.C.ROAD, BANTWALLA, DAKSHIN KARNATAKA DIST.,KARNATAKA STATE BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, UPPALA, KASARAGOD DIST. 3. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, KASARAGOD. 4. THE DISTRICT COLLECTOR, KASARAGOD. ADV. SRI.C.K.KARUNAKARAN, SC, KSEB FOR R1, R2 ADV. SRI.V.B.UNNIRAJ, SC, KFC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 31858/2004-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE NO.B1/5730/97 DATED 17/10/1997 ISSUED BY THE SECOND RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DATED 30/10/1997 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE DEMAND NOTICE VIDE BATHING GHAT/SSI/2003-2004/303 DATED 31/10/2003 ISSUED BY THE SECOND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 03/11/2003 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P5: COPY OF THE PROCLAMATION NO.TAX.CR.77/2003-2004 DATED 09/07/2004 ISSUED BY THE DEPUTY COMMISSIONER, D.K.MANGALORE. EXT.P6: COPY OF THE CERTIFICATE ISSUED UNDER SECTION 160(2) OF THE KARNATAKA LAND REVENUE ACT 1964 BY THE DEPUTY COMMISSIONER, D.K.MANGALORE DATED 09/07/2004. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 31858 of 2004 ----------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT Petitioner is aggrieved by the steps taken by respondents 1 and 2 for recovery of arrears. According to the petitioner the establishment had already been taken over by the Kerala Financial Corporation in 1999. He has filed Exts.P2 and P4 before the second respondent. There will be a direction to the second respondent/competent authority to look into Exts.P2 and P4 with notice to the petitioner and the 3rd respondent and take appropriate action in accordance with law within a period of two months from the date of receipt of a copy of this judgment. Further proceedings for recovery in the matter shall be deferred till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No. 31858 of 2004 ----------------------------------- JUDGMENT 29th September, 2008