K.P.RAMACHANDRAN NAIR Vs. TAHSILDAR (REVENUE RECOVERY)

JUDGEMENT

(1.) The petitioners in both the writ petitions are the Board of Directors of M/s.Kaypee Metal & Alloys Private Limited. They are challenging notices issued by the Tahsildar, Kollam, for conducting sale of attached properties of petitioners/Directors in order to recover dues of the Kerala State Electricity Board (hereinafter referred to as 'the KSEB') towards supply of electric energy. In W.P.(C). No.14024/2020, the sale notice is Ext.P4 whereas in W.P(C). No.20295/2020, the notice issued by the Tahsildar is Ext.P6.

(2.) It is not in dispute that the agreement for supply of electric energy was between the Managing Director of the Company and the KSEB. The parties are unanimous in stating that neither the Managing Director nor any of the Directors from the Board of Directors of the Company had given any personal guarantee or undertaking to pay the amount due to the KSEB by M/s.Kaypee Metal & Alloys Private Limited, Kollam.

(3.) It is seen that vide Ext.P4 in W.P.(C). No.14024 of 2020, at the instance of the Electricity Board, the Tahsildar, Kollam had attached four private properties belonging to the petitioners in the said petition and those are lands comprised in Survey Nos.578/36, 578/37 and 578/35, 578/38 in Block No.14 of Perinad village. Ext.P6 notice in W.P.(C). No.20295 of 2020 is in respect of land comprised in Sy. No.287/2-2 in block No.18 of Elampalloor village, which belongs to the petitioners herein, as their private property.