IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 16560 of 2009(L) -------------------------- PETITIONER: --------------- ARUN THOMAS, AGED 35 YEARS, S/O.K.G.THOMAS, KAIMATHURUTHU HOUSE, PUTHENVELIKKARA. BY ADV. MR. A.T.ANILKUMAR MS. V.SHYLAJA RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY REVENUE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMERCIAL TAX OFFICER, 2ND CIRCLE, MATTANCHERY. 3. THE DEPUTY COMMISSIONER, ERNAKULAM. 4. DEPUTY TAHSILDAR (RR), TALUK OFFICE, PARAVOOR. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 16560 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of July, 2009 JUDGMENT The petitioner has approached this Court with the following prayers: A. Issue a writ of mandamus or any other appropriate writ, order or direction and there by direct the 4th respondent to limit the attachment in 20 cents of property in Survey No. 410/10 of Puthenvelikkara village belongs to the petitioner for recovery tax arrears for the year 2000 – 2001 so as to enable the petitioner to sell the balance extend and to discharge his debts. B. Grant such other reliefs, which are just and necessary in the interest of justice. 2. The learned counsel for the petitioner submits that, the petitioner is ready and willing to clear the entire liability due to the State and the limited relief sought for is, to release the particular item of property as mentioned in the Writ Petition, after attaching the other properties belonging to the petitioner, as pointed out. 3. The learned Government Pleader appearing for the respondents submits that, even though the original prayer as contained in the Writ Petition was to confine the attachment to a portion of the property already attached and lift the attachment in respect of the WP (C) No. 16560 of 2009 : 2 : remaining portion, the petitioner has filed a petition dated Nil before the Tahasildar, Paravoor Taluk (not a party to the present proceedings) on 10.7.2007, i.e. after filing the above Writ Petition, stating that, out of the arrears of Rs.1,24,775/- towards the sales tax dues, a sum of Rs.31,194/- has been remitted on 8.7.2009 and that the balance amount of Rs.93,581/- is assured to be cleared within a short time. It is also stated in the said representation that, in connection with the said liability, the attachment now in existence pertaining to the property having an extent of 43 cents in Survey No. 414/10 might be lifted and attachment over the properties having an extent of 60 cents in Survey No. 455/17 and over 29 cents in Survey No. 455/60 might be effected. The learned Government Pleader submits that, the enquiry is going on, on the said representation, with reference to the photocopies of the title deeds produced by the petitioner and once the position stated by the petitioner is found correct, the attachment over the property in question i.e. in Survey No. 414/10 can be lifted and to be made over to the properties comprised in the other survey numbers as referred to above. 4. In the above facts and circumstances, the Writ Petition is disposed of, directing the 4th respondent, who is now stated as being entrusted with the matter, to finalize the proceedings, pursuant to the representation submitted on 10.7.2007, as expeditiously as possible, at WP (C) No. 16560 of 2009 : 3 : any rate, within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd