IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 25323 of 2005(M) -------------------------- PETITIONER: ------------------ THE STATE BANK OF TRAVANCORE, CIVIL STATION BRANCH, KOTTAYAM REP. BY ITS CHIEF MANAGER. BY ADVS. SRI.K.K.JOHN SRI.BROSE JOSEPH NEELIYARA RESPONDENTS: --------------------- 1. THE TAHSILDAR, (REVENUE RECOVERY), OFFICE OF THE TAHSILDAR, KOTTAYAM. 2. SRI. ANIYAN @ P.S.KURIAN, ATHIKKAYAM, KARUKAPADI GARDEN, AYMANAM POST, KOTTAYAM. SOLE PROPRIETOR, M/S.COMPLEAT COMPUTER SHOP, PADINJAREKKARA CHAMBERS, KOTTAYAM. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY ADVS. SRI.SUNIL CYRIAC FOR R2 GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 25323/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE FINAL ORDER OF D.R.T. ERNAKULAM DATED 13TH OCTOBER 2003. EXHIBIT P2 : TRUE COPY OF THE NOTICE OF THE RECOVERY OFFICER FOR SALE PROCLAMATION DATED 10.3.2005. EXHIBIT P3 : TRUE COPY OF THE LETTER SENT BY THE PETITIONER BANK TO THE 1ST RESPONDENT DATED 11.3.2005 EXHIBIT P4 : TRUE COPY OF THE LETTER SENT BY THE 1ST RESPONDENT TO THE PETITIONER BANK DATED 14.3.2005. EXHIBIT P5 : TRUE COPY OF THE LETTER SENT BY THE PETITIONER BANK TO THE 1ST RESPONDENT TAHSILDAR DATED 30.4.2005. EXHIBIT P6 : TRUE COPY OF THE LETTER SENT B Y THE 1ST RESPONDENT TO THE PETITIONER BANK DATED 18.5.2005. EXHIBIT P7 : TRUE COPY OF THE LETTER SENT BY THE PETITIONER BANK TO THE 1ST RESPONDENT TAHSILDAR DATED 20.6.2005. EXHIBIT P8 : TRUE COPY OF THE INCUMBRANCE CERTIFICATE ISSUED BY SUB REGISTRAR OFFICE DATED 06.8.1997. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.25323 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T i) Issue a writ of mandamus or any other appropriate writ or direction or order, directing the 1st and 3rd respondent to furnish to the petitioner the copy of the records referred to Ext.P3 letter dated 11.03.2005 and Ext.P7 letter dated 20.06.2005 namely the Location Certificate of the property of the 2nd respondent and the details of the pledge including the details of date of creation of pledge by the 3rd respondent and the copy of the security bond if any executed by the 2nd respondent in favour of Sale Tax Authority or other authorities within a specified time. The stand taken in the counter affidavit is that the petitioner has to approach the Sales Tax authorities. Therefore, this writ petition is disposed of permitting the petitioner to approach the Sales Tax authorities, in which case, the competent authority will take appropriate action with notice to the petitioner and second respondent within another three months. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.25323 OF 2005 J U D G M E N T 18.07.2008