WA NO. 447 OF 2017 1 2025:KER:29432 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WA NO. 447 OF 2017 AGAINST THE JUDGMENT DATED 15.7.2016 IN WPC NO.7548 OF 2015 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS : 1 AUGUSTINE, AGED 67, S/O.MANUEL, MALIAKAL HOUSE, PALLURUTHY VILLAGE, PERUMPADAPPU DESOM, KOCHI TALUK, ERNAKULAM DISTRICT-682006. 2 P.S.DEVARAJA PANICKER, AGED 51, S/O.SUKUMARA PANICKER, THEJUS, KUMARPURAM VILLAGE AND P.O., KUTTAMKAITHA DESOM, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT-690548. BY ADVS. DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SMT.M.SUSEELA SMT.R.UDAYA JYOTHI SRI.M.M.VINOD RESPONDENTS/RESPONDENTS : 1 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM-682030. 2 THE TAHSILDAR (RR) KANAYANNUR TALUK, ERNAKULAM-682011. WA NO. 447 OF 2017 2 2025:KER:29432 3 THE VILLAGE OFFICER ELAMKULAM VILLAGE, ERNAKULAM-682020. 4 THE ASSISTANT COMMISSIONER (WC) CLASS TOWER, OLD RAILWAY STATION ROAD, KOCHI-682018. 5 STAR FOUNDATIONS AND STRUCTURES PVT.LTD. STAR HOMS HOTELS, CHERUPARAMBATH ROAD, KADAVANTHRA P.O., KOCHI-682020, REPRESENTED BY ITS MANAGING DIRECTOR SHRI AJAY VARGHESE GEORGE, AGED 51, S/O.K.V.GEORGE, DOOR NO.33/190(1/84), KALAMASSERY MUNICIPALITY, VILLA NO.4, STAR ENCLAVE, CHEMBOKKADAVU ROAD, EDAPALLY-682024, THRIKKAKARA NORTH VILLAGE, VATTEKUNNAM KARA, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SMT. RESMITHA RAMACHANDRAN, GP THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 447 OF 2017 3 2025:KER:29432 DR. A.K. JAYASANKARAN NAMBIAR & EASWARAN S., JJ. -------------------------------- W.A. No.447 of 2017 ------------------------------------------ Dated this the 4th day of April, 2025 JUDGMENT Easwaran S., J. This writ appeal is preferred by the appellants/petitioners aggrieved by the dismissal of W.P.(C) No.7548 of 2015 dated 15.7.2016. 2. The challenge raised in the writ petition was against Exts.P5 and P6 revenue recovery notices issued in respect of the property of the Director of the 5th respondent company. The petitioners raised a challenge to the notices on the basis of the judgment and decree in O.S. No.158 of 2014 dated 29.01.2014. The learned Single Judge who considered the writ petition was of the view that the petitioners/appellants have not made out a case for interference under Article 226 of the Constitution especially since the impugned notices have already been set aside by this Court in W.P.(C) No.7248 of 2015 and relegated the petitioners to work out their remedy before the appropriate forum. 3. On a consideration of the submissions of the learned counsel for the appellants, we are of the view that the learned Single Judge was WA NO. 447 OF 2017 4 2025:KER:29432 perfectly justified in refusing to entertain the writ petition. We find from the judgment of this Court in W.P.(C) No.7248 of 2015 that the Single Bench had interfered with the demand notices issued against the personal properties of the director of the 5th respondent company. Though the State has preferred an appeal, W.A. No.1380 of 2016, the judgment of the learned Single Judge was sustained for different reasons, but however, the notices were set aside, and the question of law raised was left open. In view of the decision of the Division Bench confirming the judgment of the learned Single Judge in W.P.(C) No.7248 of 2015, we are of the view that no subsisting grievance exists for the appellants to agitate before this Court in this appeal. Hence this appeal is dismissed without prejudice to the rights of the appellants under the decree passed by the civil court. Sd/- DR. A.K. JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE NS