IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23620 of 2010(O) -------------------------- OS.174/2008 of MUNSIFF'S COURT, SASTHAMCOTTA .................... PETITIONER(S): ------------------------ NIZARUDEEN, AGED 32 YEARS, S/O.YOOSUFKUNJU, BNR MANZIL, AKKOLICHIRAYIL, MAYYANADU VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI.N.AJITH, SRI.P.M.NEELAKANDAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. - 691 013. 2. THE TAHSILDAR, KUNNATHOOR TALUK, SASTHAMCOTTA,KOLLAM DISTRICT.- 690 521. 3. VILLAGE OFFICER, SOORNADU NORTH, KOLLAM DISTRICT.- 690 522. 4. NAZARUDEEN, S/O.AHAMMADU KUNJU,MOOLATHARAYIL VEEDU, PADINJATTAMKIZHAKKU, SOORNADU NORTH, KOLLAM DISTRICT. - 690 561. R1 TO R3 BY GOVERNMENT PLEADER SRI. K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No. 23620 of 2010 --------------------------------------- Dated this 28th day of July, 2010 JUDGMENT Respondent No.4 is a defaulter to the State Government in the matter of payment of sale tax. At a time when he continued as a defaulter but without knowing that, petitioner claimed to have purchased the suit property from him on 05-04-2004. Petitioner, claiming to be a bonafide purchaser without notice of liability of respondent No.4 to pay sale tax arrears and claiming to be absolute owner of the suit property filed O.S.No.174 of 2008 in the court of learned Munsiff, Sasthamcotta for a declaration and other reliefs. He also filed Ext.P3, application for injunction to restrain respondent Nos.1 to 3 from proceeding against the said property for realisation of tax arrears due from respondent No.4. That application is still pending consideration. Learned counsel seeks a direction to the learned Munsiff for early disposal of Ext.P3, application. Learned Government Pleader appearing for respondent Nos.1 to 3 state that the suit itself is not maintainable for various reasons including the bar under the Revenue Recovery Act and Kerala General Sales Tax Act. 2. The limited prayer made by petitioner in this writ W.P.C.No.23620 of 2010 : 2 : petition is only for an early disposal of Ext.P3, application for injunction. Having regard to the circumstances stated by learned counsel, learned Munsiff, Sasthamcotta is directed to dispose of Ext.P3, application for injunction as expeditiously as possible. Writ petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-