IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WA.No. 1124 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN OP.29631/2002 Dated 04/12/2007 .................... APPELLANT: PETITIONER ------------------ BHARATH BHOOSHAN AGGARWAL, S/O LATE M.L. GUPTA, "ANNAPOORNA" GANDHI ROAD, CALICUT. BY ADV. SRI.PREMJIT NAGENDRAN RESPONDENTS: RESPONDENTS:- ------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE TAHSILDAR (R.R.), KOZHIKODE BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1124 OF 2008 ------------------------------------- Dated 6th June, 2008 JUDGMENT Koshy,J . Appellant's property was attached and thereafter purchased by the Government. Learned single Judge in the impugned judgment stated that if the penalty is paid, ownership of the property should be returned to the appellant. It is also stated that if the amount is paid before 28.2.2008, Government should retrieve the property to the owner. It is submitted that order imposing penalty was set aside. We are of the opinion that further action should be taken depending upon the terms of the penalty that is to be finally imposed after assessment. Since order imposing penalty is set aside, the property should be reconveyed to the appellant, but, attachment will continue. Appellant shall not be evicted or dispossessed and further proceedings has to be made after final assessment and penalty orders are passed. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks