IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 37536 of 2007(R) -------------------------- PETITIONER(S): --------------- ANIL PONNUSE, VEZHAPARAMBIL HOUSE, MUTTAMBALAM P.O., KOTTAYAM-686 004. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI. 2. THE RECOVERY OFFICER, THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 4. THE TAHSILDAR (R.R.), KOTTAYAM. 5. VILLAGE OFFICER, MUTTAMBALAM VILLAGE, KOTTAYAM. 6. STATE BANK OF INDIA, REPRESENTED BY GENERAL MANAGER. 7. M/S. WOOD SYSTEM (INDIA) PVT. LTD., SAZMERA BUILDINGS, L.B.S.ROAD, KOTTAYAM. R3 TO R5 BY GOVERNMENT PLEADER SRI. TEKCHAND R1 AND R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R6 BY SC SRI. P.V. SURENDRAN R7 BY ADV. SRI. MADHU RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, ALONG WITH WPC NO. 27042 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX (WPC 37536/2007) PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE SALE CONFIRMATION. EXT.P2 TRUE COPY OF SALE DEED EXT.P3 TRUE COPY OF THE OMMUNICATION ISSUED BY THE 5TH RESPONDENT. EXT.P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FOURTH RESPONDENT. EXT.P5 TRUE COPY OF THE I.A. /2007 FILED BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. EXT.P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.12.2007 4TH RESPONDENT'S EXHIBITS: EXT.R4(a) TRUE COPY OF THE RE3QUISITION OF RECOVERY RECEIVED FROM THE ADDL. SALES TAX OFFICER-III, 1ST CIRCLE, KOTTAYAM DATED 24.7.1998 EXT.R4(b) TRUE COPY OF THE REQUISITION ISSUED BY THE ADDL. SALES TAX OFFICER IV DATED 14.10.2003 TRUE COPY P.S. TO JUDGE. ANTONY DOMINIC, J. ------------------------------------------- W.P.(C).No.37536 of 2007 ------------------------------------------- Dated this the 25th day of February, 2008 ORDER It is now pointed out by the learned Government Pleader that as on 6.3.2006 when the sale deed was executed, the total amount that was due to the state was Rs.19,72,402/-. Out of this, the state has already realised Rs.13 lakhs. In view of this, it is directed that, for the present, subject to the result of this writ petition, on the petitioner producing a fixed deposit receipt for the balance amount of Rs.6,72,402/- with lien noted in favour of the Tahsildar, Revenue Recovery, Kottayam, the mutation of the property shall be effected in favour of the petitioner herein. It is directed that the deposit made as above will be subject to the result of the writ petition and in case, the amount is finally found to be payable to the state, the state will be entitled to the interest that is accrued on the deposit. ANTONY DOMINIC, JUDGE csl