IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33521 of 2008(N) -------------------------- PETITIONER(S): --------------------- JAGANNADHA PRASAD, S/O.C.S.SAHADEVAN, AGED 52 YEARS, C.S.SADANAM, T.B.ROAD, KOTTAYAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. DEPUTY TAHSILDAR (RR), KOTTAYAM. 3. K.VENUGOPAL, ARACKAL, SREE GOKULAM, TIRUVATHUKKAL, KOTTAYAM. R1 & R2 BY GOVT.PLEADER SRI. BEJOY CHANDRAN. R3 BY SC SRI. K. GOPALAKRISHNA KURUP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.33521 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 JUDGMENT Petitioner challenges Ext.P3. Ext.P3 is a recovery notice. Ext.P1 is the award passed by the Consumer Disputes Redressal Forum, Kottayam on a complaint filed by the third respondent in the writ petition and one Smt. Suseela, who is the wife of the third respondent. By Ext.P1 award, the Consumer Disputes Redressal Forum has directed payment of a sum of Rs.236277.30 with interest at 6%. On the strength of the same, there is a request for recovery. Ext.P3 is the recovery notice under Section 7 of the Revenue Recovery Act. The case that is set up by the petitioner is that pursuant to Ext.P1 award, recovery is taken against the third opposite party, namely, S. Jagannadhan. It is further stated that it is returned by letter dated 15.9.2008 stating that there is no such person as S. Jagannathan, the third respondent judgment debtor. It is further stated that the petitioner and his family were not in station and the third respondent criminally trespassed into the house and broke open the gate and stole the car belonging to the petitioner. It is stated that Ext.P3 notice has been issued against the petitioner in his capacity as the Managing Director of C.S. Company (Construction) and not in his individual capacity. Petitioner had submitted WPC.33521/2008. 2 Ext.P5 representation. It is categorically stated by the petitioner that the third opposite party in Ext.P1 is not the petitioner, but it is one Mr.S.Jagannadhan of a different address. It is contended that petitioner's property cannot be proceeded against for the alleged dues of one Mr.S.Janganathan. The contention of the petitioner is that the award is not in the name of S.Jaganatha Prasad. 2. I heard learned counsel for the petitioner Sri. Bechu Kurian Thomas, Sri. Gopalakrishna Kurup appearing for the third respondent and the learned Government Pleader. 3. Learned counsel for the third respondent would submit that there is absolutely no merit in the writ petition. He points out that the petitioner had participated in the proceedings and had never raised a contention that he is not the third respondent mentioned in the complaint, which led to the passing of Ext.P1 award. It is pointed out that the petitioner has filed an affidavit, he was examined as a witness, he appealed before the appellate authority and what is more, he had earlier filed a writ petition. A copy of the writ petition was also made available before me. In paragraph 4 of the said writ petition (O.P. 23289 of 2000) filed by the petitioner styling himself as S.Jaganatha Prasad, petitioner has stated as follows: WPC.33521/2008. 3 “The second and third respondents filed a petition as O.P.No.1055 of 1998 before the first respondent (Consumer Redressal Forum, Kottayam) against the petitioner claiming an amount of Rs.4,90,000/- as compensation.” The copy of the petition itself was produced in that writ petition. It is the very same petition which culminated in Ext.P1 award. 4. I would think that there is absolutely no merit in the writ petition filed by the petitioner and it is liable to be dismissed. I do so with cost quantified at Rs.3000/- to be paid to the third respondent. (K.M. JOSEPH, JUDGE) sb