IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 33470 of 2008(H) --------------------------------------- OS.133/1984 OF SUB COURT, MUVATTUPUZHA ........................... PETITIONER : ---------------------- P.B.RANJAN, PIRAMADATHOTTATHIL, MARADY VILLAGE,MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS : ------------------------ 1. MANUAL SONS WINES, P.B.NO.1047, COCHIN 682 011, REPRESENTED BY ITS MANAGING PARTNER. 2. THE TAX RECOVERY OFFICER, GOVERNMENT OF INDIA,CHAMBER OF COMMERCE BUILDING, PALACE ROAD, THRISSUR -20. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. --------------------------------------- W.P(c) No. 33470 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT The 7th judgment debtor in E.P. No.82 of 1994 on the file of Sub Court, Muvattupuzha is the petitioner. The prayer in the writ petition is for an order directing the court below not to proceed with sale on the basis of Exhibit P3 sale proclamation and schedule attached there to, which is substantially a reproduction of Exhibit P1 found to be defective earlier and to set aside the order of the execution court to proclaim and sell the property. Exhibit P1 is submitted to be the earlier proclamation, which was not accepted by the court and subsequently Exhibit P3 proclamation was settled. Counsel for petitioner submits that the Income Tax Department was impleaded in the execution as 8th judgment debtor, on the petitioner raising objection to the effect that the Income Tax Department has attached the property that is proclaimed for sale and it is as per their objection that the amount due towards income tax has been shown as encumbrance in Exhibit P3 schedule. The income tax so due to the Income Tax Department from the judgment debtors shown in the schedule of W.P(c) No. 33470 /2008 2 property is Rs.23,22,154/- with future interest. Now the price of the property shown in Exhibit P3 schedule is Rs.35,00,000/-. Petitioner has no case that the upset price shown as Rs.35,00,000/- is low and that the property is worth more than Rs.35,00,000/-. In as much as the judgment debtor has not stated the price the property would fetch, there was no occasion for incorporating that in Exhibit P3 proclamation. Intending purchasers certainly will be alerted in view of the encumbrance of the property being specifically shown as Rs.23,22,154/- plus future interest. Counsel for petitioner is not able to state any defect with Exhibit P3 schedule and in Exhibit P2 objection. There is no other valid objection which calls for an amendment of Exhibit P3 schedule. In the circumstance, there is no merit in this writ petition and the petitioner is not entitled to any relief as prayed for and the Writ Petition is dismissed. K.P. BALACHANDRAN, JUDGE scm