Case Law Details
K.J. Mathew Vs State of kerala (High Court of Kerala)
This Court is of the view that there is no necessity for this Court to adjudicate the abovesaid contentions raised by the petitioner regarding the merits of the matter. As rightly pointed out by the learned Government Pleader, the petitioner has not so far responded to the impugned notice as per Exts.P3 and P4 and it is for the petitioner to immediately respond to the same by giving his written submissions/written objections in the matter without any delay, at any rate, within a period of 2 weeks from the date of production of the certified copy of this judgment.
Further it is also ordered that the 5th respondent will have to issue notices to the petitioner as well as to R3 (M/s. Hindustan Newsprint Ltd.) and R4 (who is stated to be the liquidator of R3 Company) and the 5th respondent in its notice may direct the 4th respondent to give a report regarding the factual aspects raised by the petitioner on the basis of Ext. P2 and also the constitutional contentions raised by the petitioner thereon as aforementioned. In that regard, it is also ordered that for the purpose of convenience and easy reference, the counsel for R3 will ensure that a copy of the memorandum of this W.P.(C.) along with the copy of this judgment is forwarded to R4, without any further delay, so that R4 can give written submissions in the matter to R5, without any further delay.
Court ordered that the State Tax officer will have to issue notices to the petitioner as well as to M/s. Hindustan Newsprint Ltd. and Interim Resolution Professional and the State Tax officer and in its notice may direct the Interim Resolution Professional to give a report regarding the factual aspects raised by the petitioner and also the constitutional contentions raised by the petitioner thereon as aforementioned. State Tax officer will afford a reasonable opportunity of being heard to the petitioner and Interim Resolution Professional and after adverting to and considering the various contentions of the petitioner, may render a considerable decision on the matters raised in the impugned notices, without much delay.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
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