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2016 Supreme(Ker) 57

ASHOK BHUSHAN, A.M.SHAFFIQUE
Deputy Tahsildar – Appellant
Versus
Vijaya Builders – Respondent


Advocates Appeared:
For the Appellant : P.I. Davis, Senior Government Pleader.
For the Respondent: V.M. Kurian, Mathew B. Kurian, K.T. Thomas and M.M. Sayed Muhammed.

JUDGMENT :

A.M. Shaffique, J.

1. This appeal has been remitted back to this Court by the Supreme Court for fresh disposal, in accordance with law, with the following observations:

"7. In our opinion, in these types of cases, the High Court should have taken up the matters individually and decided whether the State was justified in issuing the demand notices for the purpose of collection charges as well as service charges under Rules 4 and 5 of the Rules.

8. In view of the above, we set aside the judgment and order passed by the High Court and remand the matters to the High Court for a fresh disposal in accordance with law. We also request the High Court to take the cases individually instead of clubbing all the matters and look into the facts of each case and take a positive decision on the pleadings adduced by both the parties."

The Writ Petition was filed by respondents 1 to 3 herein seeking for a direction to the respondents namely Kerala Financial Corporation (for short K.F.C.) and its officers to return an amount of Rs. 9,02,670/- collected from the petitioners as per Ext. P15 re































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