IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36313 of 2008(W) -------------------------- PETITIONER(S): -------------------- 1. JOLLY SEBASTIAN, PARAYIL HOUSE, KANNANCHIRA, KEDAMANGALAM, NORTH PARUR. 2. SUBIN SEBASTIAN, PARAYIL HOUSE, KANNANCHIRA, KEDAMANGALAM NORTH PARUR. BY ADV. SRI.P.DEEPAK RESPONDENT(S): ------------------------ 1. THE VILLAGE OFFICER, PARUR. 2. THE DEPUTY TAHSILDAR (R.R)NORTH PARUR. 3. THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVT.PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 36313 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2008 JUDGMENT Petitioner seeks a direction to the third respondent to consider Ext.P4 filed under Section 46 of the Revenue Recovery Act. Ext.P3 is a notice under Section 7 of the Revenue Recovery Act. Ext.P3(a) is a notice under Section 34 of the Act. It is on the basis of Ext.P3(a), which, according to the petitioner was received on 6.12.2008, petitioner preferred Ext.P4 dated 6.12.2008. 2. Learned Government Pleader points out that actually Ext.P3 (a) is only a notice under Section 34 of the Act and claim under Section 46 will lie only if an attachment is made. Attachment has to be made under Section 36 of the Act. Learned Government Pleader on instructions submits that such an attachment has not been made. In such circumstances, I can only say that Ext.P4 is premature and the writ petition is disposed of reserving liberty to the petitioner to file appropriate claim under Section 46 as and when an attachment is made. (K.M. JOSEPH, JUDGE) sb