IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 8476 of 2005(H) ------------------------- PETITIONER: ------------ SIRAJ HUSSAIN, S/O.V.M.HUSSAIN, CHEMMARAPALLIYIL HOUSE, NADAKKAL P.O,. ERATTUPETTA. BY ADV. SRI.BABU CHERUKARA SRI.P.A.SALIM RESPONDENTS: ------------- 1. THE SENIOR MANAGER, DHANALAKSHMI BANK LTD., PALARIVATTOM BRANCH. ERNAKULAM. 2. THE VILLAGE OFFICER, ERATTUPETTA VILLAGE ERATTUPETTA P.O. KOTTAYAM DISTRICT. 3. V.M.ANAZ, S/O.MUHAMMED KHAN, VALIYAVEETTIL HOUSE, ERATTUPETTA 686 121. BY ADV. SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN FOR R1 R2 BY G.P. SMT.SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIIBITS: P1: TRUE PHOTOCOPY OF DOCUMENT NO.2341/2003 DT.17.11.2003 OF POONJAR SUB REGISTRY FOR THE PROPERTY OF THE PETITIONER. P2: TRUE PHOTOCOPY OF RECEIPT NO.1132782 DT.1.12.2003(TAX RECEIPT) ISSUED BY VILLAGE OFFICER, ERATTUPETTA. P3: TRUE PHOTOCOPY OF POSSESSION CERTIFICATE DT.20.8.2004 ISSUED BY THE VILLAGE OFFICER, ERATTUPETTA. P4: TRUE PHOTOCOPY OF ENCUMBRANCE CERTIFICATE FOR THE PERIOD 17.11.2003 TO 18.2.2005 DT.22.2.2005 ISSUED BY SUB REGISTRAR, POONJAR. P5: TRUE OFFICE COPY OF LETTER DT.25.8.2004 ISSUED TO R1 & R2. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.8476 of 2005 .................................................................... Dated this the 19th day of June, 2008. JUDGMENT The W.P. is filed for lifting attachment imposed by Revenue Recovery authorities at the request of Dhanalakshmi Bank Ltd. The petitioner's case is that petitioner does not owe any liability to the Bank. However, petitioner is the purchaser of property and the original property owner is in debt. Naturally the property purchased will be subject to charge and attachment can be lifted only on clearing the arrears. If petitioner or the debtor offers payment, I am sure the Bank will grant incentives atleast in the form of waiver of penal and default interest, provided arrears with contract rate of interest are paid within a reasonable time. The petitioner is directed to approach the Bank, clear the liability and get a certificate based on which attachment will be lifted by the Revenue Recovery authorities. C.N.RAMACHANDRAN NAIR Judge pms