A JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has approached this Court seeking for the following relief:

(2.) THE learned counsel for the petitioner submits that, though the petitioner tendered this amount well within time, the concerned respondent was not prepared to accept the same stating that the matter has already been referred for revenue recovery. A letter bearing No.22120720/2011 dated 30.4.2011 was also issued in this regard by the Commercial Tax Officer intimating the position to the concerned Tahsildar (RR). The very same day, the petitioner turned up before the Tahsildar and effected the deposit as per receipt No.285 dated 30/4/2011. The payment of said amount is confirmed by the learned Sr. Govt. Pleader appearing for the respondents.

(3.) AFTER hearing the learned counsel for the petitioner and learned Sr. Govt. Pleader appearing for the respondents and also taking note of the fact that the petitioner has complied with the condition imposed by this Court while granting the interim order dated 12.4.2011 and since there is no case of the respondents that the 'bond' executed by the petitioner does cover a higher amount, this Court holds that the maximum liability which can be mulcted upon the petitioner is only to the tune of Rs.2,00,000/- (rupees two lakhs). The said amount has already been satisfied by the petitioner as per the receipt mentioned herein before, receipt of which is duly acknowledged by the learned Govt. Pleader as well.