IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9419 of 2008(U) ------------------------- PETITIONER: MATHEW AGED 53 , S/O.JOHN PANDARAPPARAMBIL (ARUN VILLA) TRIPUNITHURA, NADAMA VILLAGE KANAYANNOOR TALUK. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO REVENUVE REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. DISTRICT COLLECTOR, ERNAKULAM 3. TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA 4. VILLAGE OFFICER, MANEEDU VILLAGE ERNAKULAM 5. ABRAHAM @ THAMPI AGED 48 S/O. SCARIA KATTEKUZHI HOUSE, MEMUGHAM KARA MANEEDU VILLAGE,MUVATTUPUZHA TALUK. 6. THE MANAGER MANEEDU SERVICE CO-OPERATIVE BANK BRANCH NO.E 59. MANEEDU BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.9419 of 2008 ------------------------- Dated this the 19th day of March, 2008. JUDGMENT The petitioner purchased an extent of 95 cents of land in Maneed Village under Ext.P1 sale deed from the 5th respondent. Later the petitioner came to know that the said property had been encumbered, apparently, for recovery of dues levied under the Toddy Workers' Welfare Fund. On coming to know of the transaction, the recovery officials issued Ext.P4 notice to the petitioner seeking recovery of the amounts from the 5th respondent on the premise that the petitioner is the successor-in-interest, as far as the property is concerned. The petitioner submitted Ext.P5 objections to the notice. It is, inter alia, pointed out that he is a bona fide purchaser of the said property without notice of the prior encumbrance. The 5th respondent is quite capable of discharging the balance liability sought to be recovered from the petitioner under Ext.P4, it is contended. W.P.(C).NO.9419/08 :: 2 :: 2. Having heard learned counsel for the petitioner and the learned Government Pleader, I dispose of the writ petition directing the 2nd respondent to consider and pass orders on Ext.P4 within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge