IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 13383 of 2007(R) --------------------------------------- OA.269/2000 OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------------- P.S.VIDHYA, AGED 42 YEARS, W/O.PADMANABHA UDUPA, RESIDING AT KAILASH ANNEX, WARRIAM ROAD, ERNAKULAM. BY ADV. SRI.S.VINOD BHAT. RESPONDENTS: ------------------------ 1. PUNJAB NATIONAL BANK, BRANCH OFFICE, KALLAI ROAD, KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER. 2. P.R.BALAKRISHNA RAO, M/S.WOODLANDS JEWELLERY, M.G.ROAD,ERNAKULAM. 3. REMA MADHU, W/O.LATE P.R.MADHU, JAIL ROAD, KOZHIKODE. R1. BY ADV. SRI.K.P.SUDHEER, ADV. SRI.C.A.RAJEEV. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13383/2007-R: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER DTD. 12/03/2002 IN O.A. 269/2000 ON THE FILE OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM. EXT.P.2: COPY OF THE APPLICATION FILED BY R.1. BANK BEFORE THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM AS I.A. 427/2007 IN DRC. NO. 806 IN O.A. 269/2000 DTD. 06/03/2007. EXT.P.3: COPY OF THE ORDER DTD 13/03/2007 IN I.A. 427/2007 IN D.R.C. 806 IN O.A. 269/2000 ON THE FILE OF DEBTS RECOVERY RIBUNAL, ERNAKULAM. EXT.P.4: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE DEBTS RECOVERY TRIBUNAL. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.13383 of 2007-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of January, 2008. JUDGMENT 1.Having regard to the nature of the orders being issued hereunder, the State of Kerala represented by the Chief Secretary to the Government of Kerala, Thiruvananthapuram, the District Collector, Kozhikode and the Tahsildar(Revenue Recovery), Kozhikode are impleaded as additional respondents. The learned Senior Government Pleader takes notice for the additional respondents. 2.The first respondent Bank obtained a recovery certificate in relation to a loan transaction. The Debts Recovery Tribunal directed that recovery shall be first enforced against the mortgaged property. That item belongs to the WP(C)13383/2007 -: 2 :- third respondent, the principal debtor. When that property was brought to sale, the officials on behalf of the State of Kerala informed that the State has a prior charge on the property on the basis of certain sales tax arrears. Hence, it is stated that sale proceedings are held up. 3.Having regard to what is aforesaid, this writ petition is disposed of directing that the Recovery Officer will proceed with the sale with notice to the District Collector, Kozhikode and the Tahsildar(Revenue Recovery), Kozhikode and will conduct the sale showing the amounts due, including the amount that is due to the State of Kerala in terms of a report that may be placed by the Tahsildar(Revenue Recovery) before the Recovery Officer within a period of three weeks from the date of receipt of a copy of this judgment. The amounts received on auction shall be applied after hearing the bank and the Tahsildar(Revenue Recovery), on the question of priority in terms of the preference given under WP(C)13383/2007 -: 3 :- the Kerala General Sales Tax Act, as interpreted by the decision of this Court. Any application of the bank for attachment of any other item of immovable property of the surety will be taken up, considered and disposed of by the competent authority. Any action against the attached properties of the petitioner will be subject to the directions already issued by the DRT and in terms of what is stated above. The petitioner is directed to place a copy of the writ petition and a copy of this judgment before the District Collector and the Tahsildar(Revenue Recovery), for compliance. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/