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1979 Supreme(Ker) 186

V.P.GOPALAN NAMBIYAR, G.BALAGANGADHARAN NAIR
STATE OF KERALA – Appellant
Versus
UNIVERSAL MARINE AGENCIES – Respondent


Judgment :-

1. This appeal is by the State of Kerala and the Director of Fisheries, Trivandrum, against the judgment of a learned judge of this Court, allowing the respondent's writ petition and restraining the appellants and the Deputy Director, the Assistant Director, the Sub Inspector of Fisheries and the District Collector, Trichur, from taking steps for the recovery of a sum of Rs. 24,974.94 mentioned in Ext. P5 notice, under the provisions of the Kerala Revenue Recovery Act, 1968 or the Indian Revenue Recovery Act, 1890. The learned judge's judgment is reported (vide 1977 KLT. 949). An Ice-plant Storage and Freezing plant at Azheekode was leased to the writ petitioner under Ext P1 agreement dated 5-5-1970 for a period of one year. The rent was Rs. 30,001/-. Rs. 15,000/-had been paid on 7-5-1970 and the balance was payable on or before 23-11-1970. It was actually paid on 30-1-1971. Electric charges had to be paid by the lessee. As the charges were not so paid, the electric supply was disconnected on 30-3-1971. On 20-3-1971 by Ext. P2 letter from the 3rd petitioner, (the Managing Director of the 1st petitioner), the Director of Fisheries was informed that the petitioner was una






















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