SOLAIPPAN Vs. COMMISSIONER

JUDGEMENT

(1.) IT is a peculiar Writ Petition filed by the owner of Solaimalai Estate, Pandalur, Nilgiris, seeking for a direction to the contesting respondents 4 and 5 not enforce the order passed in W.C.No.155 of 1994 dated 02.05.1997.

(2.) IT is seen from the typed set of papers filed by the petitioner that the petitioner was issued with a notice by the Tahsildar, Pandalur, dated 19.04.1999 with a direction to recover a sum of Rs.60,998/- together with interest amounting to a sum of Rs.1,23,218/- and a distraint notice was sought to be issued.

(3.) THEREFORE, he has filed the present Writ Petition seeking for a restraint on the proceedings initiated under Revenue Recovery Act. It was sought to be argued that in an execution proceedings, the void nature of the original order can be canvassed. It is on this ground, the Writ Petition was taken on file and notice was issued to the contesting respondents. This Court passed an order directing the petitioners to deposit a sum of Rs.30,000/- to the credit of W.C.No.155 of 1994. It is also stated that the amount has been deposited.