M SRINIVASAN Vs. DISTRICT COLLECTOR, DISTRICT COLLECTORATE

JUDGEMENT

(1.) The writ petitioner is the appellant and he made a challenge to the impugned distraint notice, dated 27.11.2007 passed by the second respondent and after contest, the Writ Petition was dismissed on 18.11.2010 and challenging the legality of the same, he has filed the present Writ Appeal.

(2.) The learned counsel appearing for the appellant has drawn the attention of this Court to the typed-set of documents and would submit that the father of the petitioner, namely Manickam Nadar, had filed a suit in O.S.No.2056 of 1983, on the file of the Court of the District Munsif, Trichirappalli, against the respondents herein praying for a declaration of the proceedings of the second respondent, dated 11.10.1983 in raising a demand of Rs.1,40,437/- as a notional loss is unsustainable and also for permanent injunction restraining them from collecting the said amount and the said suit, after contest, came to be decreed on 26.08.1991. The defendants therein made a challenge to the said Judgment and Decree by filing an appeal in A.S.No.250 of 1992, on the file of the Court of the First Additional Subordinate Judge, Trichirappalli and the lower Appellate Court, vide Judgment, dated 28.11993 has dismissed the appeal and confirmed the Judgment and Decree passed by the trial Court and in the light of the same, the impugned distraint notice passed by the second respondent is wholly unsustainable and the learned Judge, without misconstruing some observations made by the lower Appellate Court, has erroneously dismissed the Writ Petition and prays for interference.

(3.) Per contra, the learned Government Advocate, appearing for the respondents has drawn the attention of this Court to paragraph No.21 of the Judgment of the lower Appellate Court in A.S.No.250 of 1992 and would submit that the lower Appellate Court had made an observation as to the non- adherence of principles of natural justice and since it is a technical ground, the second respondent is having jurisdiction to issue impugned distraint notice and the said fact was rightly taken note of by the learned Judge and dismissed the Writ Petition and prays for dismissal of this Writ Appeal.