T P ABOO Vs. DISTRICT COLLECTOR KANNUR

JUDGEMENT

(1.) By order dated 3.1.2001, the District Collector, Kannur had ordered for arrest and detention of the petitioner, Sri. T. P. Aboo, finding that there was wilful default of payment of legitimate dues to the Government amounting to Rs. 7,78,384/-. The firm, Hill Produce Corporation, Valapattanam had defaulted in payment of sales tax dues and Mr. Aboo was one of the three partners of the firm. The liability is not disputed, but he had pleaded that he had no means to make the payments. Files disclose that similar proceedings have been initiated against another partner as well, and the third partner is no more.

(2.) Sri. Muhamed Kutty, counsel for the petitioner, submits that there were procedural lapses, vitiating the order of arrest, and there were no preconditions existing, as envisaged under S.65 of the Revenue Recovery Act, justifying the order. Sri. Aboo has been arrested and is in jail, and immediate release was sought for.

(3.) The petitioner had been ordered to be arrested earlier, on 23.2.2000 and he had successfully challenged the proceedings in OP No. 9395/2000 (See T. P. Aboo v. District Collector - KTR). This Court at that time had directed as following: