Sebastian Chokkattu v. The Special Director

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 11TH DAY OF JUNE 2015 / 21ST JYAISHTA, 1937 WP(C).No.8208 OF 2010(A) PETITIONER/S:

SEBASTIAN CHOKKATTU IA, SUMMER CASTLE APARTMENTS,, DESOM P.O., ALUVA683 103. BY ADV. SRI.K.MOHANAKANNAN RESPONDENT/S:

THE SPECIAL DIRECTOR ENFORCEMENT DIRECTORATE,, MINISTRY OF FINANCE, GOVERNMENT OF INDIA,, 6TH FLOOR, LOK NAYAK BHAVAN, KHAN MARKET,, NEW DELHI-110 003.

THE DISTRICT COLLECTOR ERNAKULAM.

THE DEPUTY TAHSILDARREVENUE RECOVERY ALUVA.

THE OFFICIAL LIQUIDATOR HIGH COURT OF KERALA, ERNAKULAM.

THE VILLAGE OFFICER CHENGAMANADU.

R1 BY ADV. SRI.P.PARAMESWARAN NAIRASG OF INDIA R1 BY ADV. SRI.T.P.M.IBRAHIM KHANASST.S.G OF INDI R1 BY ADV. SRI.K. MONI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.06.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.8208/2010 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th Day of June, 2015

J U D G M E N T

The petitioner in this writ petition challenges Exts.P3 and P4 revenue recovery proceedings. The case of the petitioner is that he was one of the Directors of M/s. Trend Designs India Limited which is under liquidation. Therefore, during the pendency of declaration, the revenue recovery proceedings are illegal. The petitioner also relies on the judgment of this Court produced in Ext.P6.

2.

In view of the fact that the issue is covered in favour of the petitioner in the light of Ext.P6 judgment, the revenue recovery proceedings initiated against the petitioner are not at all sustainable and therefore, Exts.P3 and P4 are quashed. However, this will not preclude the Revenue Authorities from initiating fresh proceedings in future, if warranted under law. The writ petition is disposed of as above. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms