IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 33141 of 2005(U) -------------------------------------- PETITIONER(S): ---------------------- MANI, S/O.THEVAN, RESIDING AT VALACHIRA HOUSE, KAKKANAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DT. BY ADV. MR.T.S.JOHN, MR.M.S.RADHAKRISHNAN NAIR. RESPONDENT(S): ------------------------- 1. THE TAX RECOVERY OFFICER, OFFICE OF THE TAX RECOVERY OFFICER, RANGE-2, C.R.BUILDING, I.S.PRESS ROAD, KOCHI. 2. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 3. P.K. RAMACHANDRAN, S/O.PERUMTHOTTATHIL KRISHNAN NAIR, PROP. M/S.NATIONAL APPARELS, THAMMANAM ROAD, PALARIVATTOM, ERNAKULAM. R1 BY MR.P.K.R.MENON, SENIOR ADVOCATE, GOI (TAXES). R2 BY GOVERNMENT PLEADER R3 BY ADV. SMT.DAISY THAMPI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33141/2005-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FOR ASSIGNMENT OF PURAMBOKE LAND DATED 17/12/2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF THE RATION CARD NO.1734015999 ISSUED BY KANAYANNUR TALUK SUPPLY OFFICER. EXT.P3: COPY OF THE VOTERS IDENTITY CARD NO.KL/11/075/228042 ISSUED BY THE ELECTORAL REGISTRATION OFFICER, THRIPUNITHURA CONSTITUENCY. EXT.P4: COPY OF THE PLAINT IN O.S.NO.1067 OF 1998, MUNSIFF COURT, ERNAKULAM. EXT.P5: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER DEFENDANT IN O.S. NO.1067/1998, MUNSIFF COURT., ERNAKULAM. EXT.P6: COPY OF THE ORDER OF ATTACHMENT OF IMMOVABLE PROPERTY DATED 08/11/2005 ISSUED BY TAX RECOVERY OFFICER, RANGE-2, C.R. BUILDING, I.S. PRESS ROAD, KOCHI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33141 OF 2005 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT In this writ petition filed in 2005, the petitioner claims that he applied for assignment of land and he is in occupation of 7 cents which, according to him, remained in the possession of his father. He says that Exts.P1 to P5 evidences his occupation. He attributes certain fraudulent transactions to one P.K.Ramachandran and accordingly contends that the revenue recovery proceedings taken against the property is unsustainable. He had not been able to obtain any interim order by this Court, at any time, in this case. Ext.P6 order of attachment is one on which the petitioner could have filed objections before the statutory authorities. Taking into consideration the over all fact circumstances, it is directed that on the petitioner appearing before the District Collector, Ernakulam, his objections to Ext.P6 would be WPC.33141/05 2 permitted to be raised and his request for assignment would also be permitted to be placed. The files would then, if necessary, be relegated to a competent officer who will consider the matter and issue an order after hearing the petitioner. Let the needful be done within a period of four months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.03/02.