K.A.Padmanabhan v. St.Mary'S Finance Ltd.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 29743 of 2004 (N) ---------------------------- PETITIONER(S):
-------------------------- K.A.PADMANABHAN, S/O. KOCHAPPAN, AGED 60 YEARS , KANDIKKARANKUMBIL, PANAVALLI VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
BY ADVS.SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN SRI.PRAVEEN K. JOY RESPONDENT(S):
----------------------------
1. ST.MARY'S FINANCE LIMITED, NEDUMCHALIL BUILDINGS, MULLASSERY CANAL ROAD ERNAKULAM, KOCHI, (NOW UNDER LIQUIDATION) REP.BY THE OFFICIAL LIQUIDATOR, HIGH COURT, OF KERALA ERNAKULAM.
2. THE DEPUTY TAHSILAR (REVENUE RECOVERY), CHERTHALA, ALAPPUZHA DISTRICT.
R1 BY ADV. SRI.KHALID.
R2 BY GOVERNMENT PLEADER MR.T.RAMAPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS
WP(C).No. 29743 of 2004 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :
--------------------------------------- EXT.P1 :
TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 24.11.2003, SENT BY THE 2ND RESPONDENT TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS :
NIL --------------------------------------------- /TRUE COPY/ PA TO JUDGE VS
A.M.SHAFFIQUE, J ----------------------------------------------- W.P.(C).No.29743 of 2004 ----------------------------------------------- Dated this the 25th day of June, 2015
JUDGMENT
The petitioner challenges Ext.P1 revenue recovery notice issued under Section 7 of the Kerala Revenue Recovery Act, 1968, seeking to recover an amount of Rs.44,830/- from the petitioner. In terms of Ext.P1, it is stated that the amount is demanded on the basis of a requisition made by the Official Liquidator, High Court of Kerala.
2. The petitioner contended that he had availed of a loan from St.Mary's Finance Ltd., by giving a fixed deposit of Rs.25,000/- as security. It is stated that he was making regular payments, but later, his business went into a loss. On receiving Ext.P1, he went to the office of St.Mary's Finance Ltd., and it was found to be closed on account of liquidation by the High Court of Kerala. The petitioner submits that the amounts claimed has been calculated in violation of the guidelines set up by the High
W.P.(C).No29743 of 2004 Court of Kerala and therefore, the demand is bad in law.
3. Perusal of the above writ petition itself would indicate that the issue projected by the petitioner is with reference to a demand made by the Official Liquidator in the matter relating to liquidation proceedings being taken against the St.Mary's Finance Ltd. The company has been wound up as per the directions issued by the Company Court in C.P.No.18/1999. Under such circumstances, the only remedy available to the petitioner is to challenge the demand by filing an appropriate application before the Company Court. Since the above matter was pending before this Court for the last several years, it shall be open to the petitioner to approach the Company Court by seeking exclusion of the period in which the original petition was pending before this Court.
With the above observation the writ petition is dismissed.
Sd/- A.M.SHAFFIQUE JUDGE vs