IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR TUESDAY, THE 24TH JULY 2007 / 2ND SRAVANA 1929 WP(C).No. 22277 of 2007(B) -------------------------- PETITIONER: ------------ THE KADUTHURUTHY URBAN CO.OP. BANK LTD.,NO. 399, KADUTHURUTHY, REP.BY ITS GENERAL MANAGER, SHRI CYRIAC MATHEW,AGED 55, S/O. LATE P.K. MATHEW. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.THANKOM.G SRI.E.M.MURUGAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY SECRETARY, COMMECIAL TAXES, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, 3. THE TAHASILDAR, TALUK OFFICE, VAIKOM. 4. SAJIMON T.S., AGED 34 S/O. SREEDHARAN, THOOMPUNKAL HOUSE MANJOOR P.O., VAIKOM TALUK KOTTAYAM DISTRICT. BY SR.GOVT. PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR, J. --------------------------------- W.P.(C) No.22277 of 2007-B --------------------------------- JUDGMENT The petitioner is a Co-operative Bank. It is aggrieved by the sale of three items of properties belonging to the 4th respondent, which were mortgaged by the said respondent to it for availing a loan. By depositing the title deeds equitable mortgage was created. The respondents 2 and 3 are proceeding against the properties, to realise the sales tax liabilities of the 4th respondent for the years 2003-04 and 2005-06, as evident from Ext.P5 sale notice. Aggrieved by it, the petitioner has preferred Ext.P6 representation before the 3rd respondent. Thereafter, this writ petition is filed, challenging Ext.P5. 2. I heard the learned Government Pleader for respondents 2 and 3. The 3rd respondent is directed to consider and pass orders on Ext.P6 in accordance with law within one month from the date of production of a copy of this judgment, after affording an opportunity of being heard to the petitioner and the 4th respondent. Needless to say, as per the statutory scheme, sale, if any, that takes place shall be WP(C) No.22277/07 : 2 : confirmed only after passing final orders on Ext.P6 and subject to the said order. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE. 24th July, 2007. nm.