IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 11909 of 2010(K) -------------------------- PETITIONER(S): --------------- V.CHANDRAN NAIR, AGED 52 YEARS, S/O.K.VAMANAN NAIR, CHANDRALAYAM, PACHALLOOR P.O., THIRUVANANTHAPURAM - 27. BY ADV. SRI.R.RANJITH SRI.M.T.SURESH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 4. ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.8, VIJAYA NAGAR, PULAMON P.O. KOTTARAKKARA. 5. ABDUL RASAQ, NAUSHAD MANZIL, PADINJARINKARA, KOTTARAKKARA, KOLLAM DISTRICT. ADV. SRI.S.MUHAMMED HANEEFF FOR R5 GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE PHOTOSTAT COPY OF THE SALE DEED EXECUTED IN BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. EXT.P2 TRUE PHOTOSTAT COPY OF THE STATEMENT FILED ON BEHALF OF THE PETITIONER BEFORE THE MACT, PATHANAMTHITTA EXT.P3 TRUE PHOTOCOPY OF THE AWARD DATED 1-9-2005 PASSED BY THE MACT, PATHANAMTHITTA EXT.P4 TRUE PHOTOSTAT COPY OF THE NOTICE NO.R11/740/10 IN FORM NO.19 DATED 01/2010 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM EXT.P5 TRUE PHOTOSTAT COPY OF THE O.P.TICKET DATED 15-2-2010 ISSUED FROM THE PRIMARY HEALTH CENTRE, THIRUVALLAM EXT.P6 TRUE COPY OF THE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7 TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 16-2-2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF THE PHOTOCOPY OF THE POSTAL RECEIPT EVIDENCING THE DISPATCH OF EXT.P7. EXT.P9 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO.R11.740/10 DATED 18-3-2010 ISSUED BY THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS EXT.R5(A) TRUE COPY OF THE SALE AGREEMENT EXECUTED BETWEEN THE 5TH RESPONDENT AND ONE KRISHNAN NAMBOOTHIRI DATED 8-6-1999. /True Copy/ A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.11909 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010 JUDGMENT Basheer, J. The grievance of the petitioner in this writ petition is that District Collector, Thiruvananthapuram is proposing to send him to jail on the allegation that he has wilfully committed default in remitting a sum of Rs. 2,81,867/- which was ordered to be recovered from him in an award passed by the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV)No.695/2000. 2. Petitioner has preferred an appeal as M.A.C.A.No.270/2010 against the above award, with a petition to condone the delay in filing the appeal. The delay petition and the appeal are being disposed of by us through separate orders. 3. Petitioner impugns Ext.P4 and P9 Show Cause notice and Order of Detention issued under Section 65 of the Kerala Revenue Recovery Act respectively in this writ petition. There is a further prayer for a declaration that petitioner is not liable to pay the amount WPC.No.11909/2010 2 claimed by the District Collector. 4. Ext.P4 is a show cause notice issued by the District Collector in Form No.19 under the Revenue Recovery Rules 1968. Ext.P4 was issued in January 2010 as revealed from the notice itself. Petitioner does not have a case that he had appeared before the District Collector in response to the said notice and raised any objection to the said notice. Subsequently, Ext.P9 is seen to have been issued by the District Collector on March 18, 2010. Ext.P9 refers to Ext.P4 show cause notice also. It is seen stated by the District Collector in Ext.P9 order that the enquiry made at the village level has revealed that the petitioner is working as a driver and that he is not possessed of any movable or immovable properties. But still, according to the District Collector, petitioner is financially capable of making the payment. But according to the petitioner, he is not possessed of any movable or immovable property nor does he have any means to make the payment. 5. We are afraid the above contention has necessarily to be taken by the petitioner before the District Collector himself. We do not propose to make any observation on this aspect especially since learned WPC.No.11909/2010 3 counsel prays that such an opportunity may be given to the petitioner atleast at this stage. In the peculiar facts and circumstances of the case, we are of the view that such an opportunity can be granted. We make it clear that it is open to the petitioner to appear before the District Collector and raise all his contentions, in which event the District Collector shall afford sufficient opportunity to the petitioner to be heard and also to adduce such other evidence that may be available with him to establish that he is incapable of making payment. If the petitioner satisfies the authority concerned that he is not liable to be arrested under Section 65 of the Act, the District Collector shall pass appropriate orders in the matter in accordance with law. The petitioner shall appear before the District Collector on August 11, 2010. With the above observations/directions, the writ petition is closed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. WPC.No.11909/2010 4 WPC.No.11909/2010 5