IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 37494 of 2007(L) --------------------------------- PETITIONER: ------------------ M.J.JOB, AGED 48 YEARS, S/O.M.J.JOHN, MANNAPARAMBIL HOUSE, PUNNAPRA P.O., ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ----------------------- 1. THE TAHSILDAR, REVENUE RECOVERY, AMBALAPPUZHA TALUK, ALAPPUZHA. 2. THE SALES TAX OFFICER-I CIRCLE, ALAPPUZHA. 3. THE VILLAGE OFFICER, PAZHAVEED, 4. T.N.VIJAYAN, AGED 53 YEARS, S/O.NANU, ANAMIKA, KALARKODE MURI, PAZHAVEED VILLAGE, ALAPPUZHA. 5. SUMANGI VIJAYAN, AGED 48 YEARS, W/O.T.N.VIJAYAN, ANAMIKA, KALARKODE MURI, PAZHEVEED VILLAGE, ALAPPUZHA. R1 TO R3 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. BY ADV. SRI.K.ABDUL JAWAD FOR R4,5 SRI.SUNIL J.CHAKKALACKAL FOR R4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO. 37494 OF 2007 L PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE REGISTERED SALE DEED NO. 3920/07 OF ALAPPUZHA SUB REGISTRY. EXT.P2TRUE COPY OF THE REGISTERED SALE DEED NO. 2020/07 LF ALAPPUZHA SUB REGISTRY. EXT.P3 TO P3(G) TRUE COPY OF THE REVENUE RECOVERY NOTICES PERTAINING TO THE YEAR 1996 - 03. EXT.P4TRUE COPY OF THE DOCUMENT NO. 2773/02 OF ALAPPUZHA SUB REGISTRY. EXT.P5TRUE COPY OF TAX RECEIPT DATED 9.2.2005. // TRUE COPY// PS TO JUDGE K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 37494 OF 2007 L -------------------------------------- Dated this the 3rd July, 2008 JUDGMENT Petitioner has approached this Court seeking to quash Exts.P3 to P3(g). He also seeks a direction not to proceed against the properties of the petitioner mentioned in Exts.P1 and P2. 2. Briefly put, the case of the petitioner is as follows: Petitioner is the bona fide purchaser of 2 sets of land, one having an extent of 48 cents and 115 Sq. Links and the other 23.50 cents. The purchase was made from respondent4s 4 and 5 for a total sale consideration of Rs. 44 lakhs. Now, on the basis of arrears due from respondents 4 and 5, respondents 1 to 3 are attaching the properties. According to petitioner, respondents 4 and 5 are having several properties. 3. When this matter came up today, learned counsel for the petitioner would submit that after filing of the Writ Petition, petitioner has already paid Rs. 15 Lakhs. He further submits WPC. 37494/07 L 2 that the petitioner will pay off the entire amount remaining to be paid on account of Exts.P3 to P3(g) demand notices. He prays for two months' time to pay off the entire amount. I heard the learned Government Pleader also. In such circumstances, the Writ Petition is disposed of as follows: The interim order passed by this Court will continue for a period of two months from today in order to facilitate the petitioner to pay off the remaining amounts due under Exts.P3 to P3(g) notices. If the amounts are not paid within the period stipulated above, the respondents will be at liberty to proceed against the properties of the petitioner in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge