IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 14028 of 2009(W) -------------------------- PETITIONER(S): --------------- CHALIL KUNHABDULLA, S/O.SOOPY HAJI, PALERI AMSOM, CHERIYAKUMBALAM DESOM, KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, KAVILUMPARA, KOZHIKODE DISTRICT. 2. THE VILLAGE OFFICER, KAYAKODI. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).14028/2009 -------------------- Dated this the 4th day of June, 2009 JUDGMENT Petitioner purchased an item of property in R.S.No.20/14 of Kayakody Village belonging to one Mr.M.P.Faisal, who is an accused in S.T.No.600/2005. For non appearance of the accused, proceedings under Sections 82 and 83 of the Cr.P.C were initiated and the property which then belonged to the accused was attached. It seems that the accused later appeared and the attachment was lifted. Ext.P1 intimation was sent from the Special Judicial Magistrate of First Class to the Village Officer intimating the lifting of the attachment of the property. It seems that thereafter the property was purchased by the petitioner. The accused again failed to appear before the Court and again proceedings under Sections 82 and 83 of the Cr.P.C have been initiated. According to the petitioner, proceedings were taken to attach the property belonging to the accused. But by the time, property which originally belonged to the accused, has been assigned in favour W.P.(C).14028/2009 2 of the petitioner. Petitioner's grievance arises out of the fact that lifting of the attachment is intimated to the Village Officer and not the Sub Registrar. This prevents him from getting the property mutated and remit the basic tax. 2. Ext.P2 application has been filed by the petitioner before the jurisdictional Magistrate. Magistrate shall consider whether the property in question which originally belonged to the accused has been transferred in favour of the petitioner before levying the attachment for the non appearance of the accused. If it is so, then the attachment of the property shall be lifted and necessary intimation in this regard shall be sent from the Court to the concerned Sub Registrar. Needful shall be done within six weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs