IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28858 of 2008(I) -------------------------- OS.505/2006 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: --------------- A.K. PARTHAN, AGED 57 YEARS, S/O. KADUTHAPILLAI, ARAKKAL HOUSE, KANDANAD.P.O, UDAYAMPEROOR. BY ADV. SRI.C.N.SAMEER RESPONDENT: --------------- RAJEEV MAMMEN, AGED 52 YEARS, S/O.P.K. MAMMEN, PARAYIL HOUSE, TAGORE NAGAR, KADAVANTHRA.P.O, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28858 of 2008 ========================== Dated this the 30th day of September, 2008. JUDGMENT The petitioner who is the defendant in a suit for return of advance consideration together with interest, challenges Ext.P7 order passed in I.A. No. 237 of 2008 whereby the court below has vacated the order of attachment as canvassed by the petitioner. 2. The petitioner's counsel would submit that the early part of the order contains some ambiguity on account of which revenue officials are not receiving the tax. If the order suffers from ambiguity and needs clarification, the remedy of the petitioner is to move that court and not the High Court by filing a petition under Article 227 of the Constitution of India. This writ petition is accordingly dismissed. Dated this the 30th day of September, 2008. V. RAMKUMAR, JUDGE. rv