IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6938 of 2008(A) ------------------------- PETITIONER: -------------- J.RAJMOHAN PILLAI, VASANTH VIHAR, KOCHUPILAMOODU, KOLLAM. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON RESPONDENTS: ----------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. ASSISTANT COMMISSIONER (ASSESSMENT), COMMERCIAL TAXES SPECIAL CIRCLE, KOLLAM. 3. TAHSILDAR, TALUK OFFICE, KOCHI. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6938 OF 2008 A ==================== Dated this the 28th day of February, 2008 J U D G M E N T In this case, the petitioner's properties have been attached for realising the dues of a partnership firm of which he was admitted as a partner at a time when the petitioner was a minor. It is also his contention that on attaining majority, he did not opt to continue as a partner. Despite all these, his properties have been attached. According to the petitioner, in Ext.P3, the Government have already entered a favourable finding in this behalf and directed the 1st respondent to enquire and find out who were the partners of the firm for the period for which arrears were due to Government and take necessary action. The complaint of the petitioner is that inspite of Ext.P3, the attachment has not been lifted and hence this writ petition. 2. From the documents produced, it is seen that relying on Ext.P3, petitioner has already moved the 1st respondent with a WPC 6938/08 :2 : request by submitting Ext.P10 for lifting the attachment of the properties and this representation made by the petitioner is pending consideration of the 1st respondent. 3. In view of the pendency of Ext.P10, I feel this is a matter which has to be examined by the 1st respondent himself in the light of Ext.P3. 4. Therefore, I dispose of this writ petition directing that the 1st respondent shall take up and consider Ext.P10 in the light of Ext.P3 with notice to the petitioner. This shall be done as expeditiously as possible, at any rate within six weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC,JUDGE. Rp