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2021 Supreme(Online)(KER) 51821

HIGH COURT OF KERALA
N. NAGARESH, J
CHERIYAN J.PUTHIYADAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.TONY GEORGE KANNANTHANAM, SRI.THOMAS GEORGE
For the Respondents: R1 BY GOVERNMENT PLEADER
R7 BY ADV. SMT.R.BINDU
R5 BY ADV. SRI.K.S.CHACKOCHAN
R7 BY ADV. SRI.HARISH GOPINATH
R7 BY ADV. SRI.R.S.KALKURA
R1 BY ADV. SRI.M.S.KALESH
R7 BY ADV. SRI.K.KURIAN KOSHY
R5 BY ADV. SRI.P.R.MILTON
R1 BY ADV. SMT.A.V.PRIYA
R6 BY ADV. SMT.PREETHY R. NAIR
R6 BY ADV. SRI.M.RAMASWAMY PILLAI
R7 BY ADV. SRI.SANIL KUNJACHAN
R5 BY ADV. SRI.GEORGE VARGHESE, SC, SOUTH INDIAN BANK
SPL. GOVERNMENT PLEADER FOR REVENUE ADV M.L. SAJEEVAN

Table of Content
1. petitioner's challenge to the legality of property attachment. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments regarding assessment and procedures under sales tax laws. (Para 12 , 14 , 16)
3. court's examination of section 19c's applicability. (Para 22 , 26 , 32)
4. final determination stated as illegal proceedings against a former power holder. (Para 41 , 42)

JUDGMENT

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 4 th day of March, 2021

The petitioner is before this Court seeking to quash Exts.P15 and P21 proceedings of the 8 th and 1 st respondents respectively and to command the 1 st respondent and its instrumentalities including respondents 2 to 4 not to interfere with the free possession and enjoyment of the property of the petitioner purchased as per Ext.P9 deed from the 5 th respondent and cultivated with rubber and pineapple.

2. Events leading to the filing of this writ petition, chronologically, are as follows:-

The Rubber Board granted to the 6 th respondent Ext.P1 Dealers licence dated 20.02.1985. On 02.01.1986, the 6 th respondent gave a Power of Attorney to the 7 th respondent to carry out certain transactions under the licence. At that time, the 7 th respondent was indebted t

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