IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WA.No. 2941 of 2009() --------------------- AGAINST THE JUDGEMENTIN WPC.5167/2008 Dated 02/06/2009 .................... APPELLANTS/PETITIONERS: ------------------------- 1. T.K.SHAJAHAN, AGED 46 YEARS, S/O.KHANKUTTY, THENNAMMAKAL HOUSE, KANJIRAPPALLY. 2. T.P.SIRAJUDDHIN, AGED 34 YEARS, S/O.PAREED KHAN, THENNAMMAKAL HOUSE, KANJIRAPPALLY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): (RESPONDENTS) ---------------------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. TAHSILDAR, KANJIRAPPALLY. 3. VILLAGE OFFICER, KOOVAPPALLY. 4. SALES TAX OFFICER, PONKUNNAM. 5. K.MUNEER, THENNAMMAKAL HOUSE, KANJIRAPPALLY. R1 TO R4 BY G.P. SRI.MOHAMMED RAFIQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... Writ Appeal No.2941 of 2009 & C.M. Appln. No.1373 of 2009 .................................................................... Dated this the 6th day of January, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and the Government Pleader. Appeal itself is filed with a delay of around six months. In the course of hearing the delay condonation petition, we have considered the merits of the case as well. In the judgment under appeal, the learned Single Judge held that a surety who is liable to pay arrears of sales tax due from the dealer for whom he has stood as surety, has transferred the property obviously to avoid recovery. Even though liability is above Rs.2 lakhs, learned Single Judge held that recovery against the property transferred by the debtor-surety should be limited to the amount covered by the security bond. Therefore, there is no merit in 2 the Writ Appeal as well. Consequently delay condonation petition and Writ Appeal are dismissed. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms