IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 14341 of 2011(P) -------------------------- PETITIONER(S): --------------- M/S. RAM BAHADUR THAKUR LTD., REPRESENTED BY ITS DIRECTOR, SAILESH MOHAN SHARMA, SIDHARTHA IIND MAIN ROAD, WILLINGTON ISLAND, KOCHI-682 003. BY ADV. SRI.N.JAMES KOSHY RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, CHALAKKUZHY BUILDING, C.M.S.COLLEGE ROAD, P.B.NO.36, KOTTAYAM-686 001. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, CHALAKKUZHY BUILDING, C.M.S.COLLEGE ROAD, P.B.NO.36, KOTTAYAM-686 001. BY ADV. SRI.JOY THATTIL ITTOOP FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 14341 of 2011 ------------------------------- Dated this the 6th day of June, 2011 J U D G M E N T The prayer in this writ petition is for an order directing the Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Kottayam to lift the attachment of Flat No.125, 25th Floor, Samudra Mahal, Dr.Annie Basanth Road, Worli, Mumbai and to release the property from attachment. The petitioner has also prayed for other consequential reliefs. A reading of the writ petition discloses that the request made by the petitioner in that regard (Ext.P3 petition dated 26.3.2011) is pending before the first respondent. 2. The petitioner's property was attached under the provisions contained in the II schedule to the Income Tax Act, 1961. If, as claimed by the petitioner, the demand made against the petitioner has been satisfied, the authority which should take a decision in the matter is the first respondent. In such circumstances, as the first respondent is yet to take a decision in the matter, I am of the opinion that the petitioner should await the decision of the first respondent before seeking the intervention of this Court. I accordingly dispose of the writ petition with a direction to the first respondent to consider Ext.P3 representation dated 26.3.2011 in the light of the statutory provisions and take a decision thereon W.P.(C) No.14341 of 2011 2 after affording the petitioner/petitioner's representative an opportunity of being heard. Final orders in the matter shall be passed expeditiously and in any event within one month from the date on which the petitioner produces a copy of this judgment along with a copy of the writ petition before the first respondent. If the petitioner is aggrieved by the decision taken by the first respondent on Ext.P3, it will be open to the petitioner to challenge the same in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj.