Thomas Mathew v. The District Collector, Alappuzha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 29586 of 2015 (W) ---------------------------- PETITIONER(S):

-------------------------- THOMAS MATHEW, AGED 81 YEARS, S/O.MATHEW, MOZHOOR NALUPARA, PULINKUNNU, KAYALPURAM, PULINKUNNU P.O., ALAPPUZHA DISTRICT.

BY ADVS.SRI.S.SANAL KUMAR, SRI.M.T.SURESHKUMAR, SMT.T.J.SEEMA, SMT.BHAVANA VELAYUDHAN, SMT.SMITHA PHILIPOSE.

RESPONDENT(S):

----------------------------

1. THE DISTRICT COLLECTOR, ALAPPUZHA- 688 001.

2. THE TAHSILDAR, KUTTANAD TALUK, MANKOMBU P.O., ALAPPUZHA- 688 001.

3. THE VILLAGE OFFICER, PULINKUNNU, PULINKUNNU P.O., ALAPPUZHA DISTRICT- 688 504.

BY GOVT. PLEADER SMT.LILLY K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 29586 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS:- P1:

TRUE COPY OF THE LAND TAX RECEIPT DATED 30/07/2014. P2:

TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 25/03/2015. P3:

TRUE COPY OF THE AADHAR CARD OF THE PETITIONER. P4:

TRUE COPY OF THE POST CARD ISSUED BY THE 3RD RESPONDENT DATED 21/07/2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.29586 of 2015 ............................................................. Dated this the 14th day of October, 2015

J U D G M E N T

The petitioner approached this Court through the present writ petition aggrieved by the action of the respondents, who had proceeding against his property for recovery of the motor vehicle tax dues pertaining to his son, who is presently employed as a welder in Saudi Arabia. It is the case of the petitioner that he cannot be proceeded against for the dues pertaining to his son. When the matter came up for admission, this Court granted an interim stay against recovery proceedings while awaiting a response from the learned Government Pleader on instructions. The learned Government Pleader on instructions would submit that the respondents are not proposing to pursue the revenue recovery proceedings against the petitioner or his properties, and therefore, further proceedings for recovery will be targeted only against the petitioner's son.

This submission is recorded and the writ petition is closed, making it clear that, the respondents shall proceed only against the petitioner's son or his properties for the recovery of any dues from the petitioner's son. A.K.JAYASANKARAN NAMBIAR JUDGE mns/14.10.