IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 5040 of 2009(Y) ------------------------- PETITIONER(S): --------------- DANIEL THANKACHAN, S/O.DANIEL, AGED 57 YEARS, KATTOOR KIZHAKETHIL THATTARETH P.K.MURI, SOORANAD NORTH, KUNNATHOOR, KOLLAM- NOW RESIDING AT 614-E, 82ND STREET, BLOOMINGTON, M.N.55420, USA. BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA SRI.T.S.VINOD RESPONDENT(S): --------------- 1. THE SENIOR MANAGER, BANK OF INDIA, QUILON BRANCH, USMANIA COMPLEX, CONVENT ROAD, KOLLAM. 2. THE TAHSILDAR, KUNNATHOOR TALUK OFFICE, KOLLAM. 3. THE VILLAGE OFFICER, SOORANADU NORTH, KUNNATHOOR TALUK, KOLLAM. MR.P.N.SANTHOSH, GOVERNMENT PLEADER MR.DEVAN RAMACHANDRAN, SC FOR THE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5040 of 2009 --------------------------------- Dated, this the 16th day of February, 2009 J U D G M E N T The petitioner submits that he owns certain properties, some of which are mortgaged to the 1st respondent Bank. It is stated that in respect of the properties mortgaged, the 1st respondent has obtained Ext.P1 final order from the Debt Recovery Tribunal in OA No.24/2007. According to the petitioner, by Ext.P2, when he made an attempt to pay tax in respect of the properties owned by him, that was refused to be accepted. Thereafter, he made Ext.P4 to the 2nd respondent informing that he owns properties, which are not covered by Ext.P1 order of the DRT and are not attached by the order of the Tribunal. In Ext.P4, he prays that in respect of such properties, which are not attached, tax may be accepted. Despite the request so made, the petitioner complains that tax is not accepted and it is with that grievance the writ petition is filed. 2. Ext.P1 order passed by the DRT in OA No.24/2007 schedules the properties, which are covered by the mortgage deed in favour of the Bank. It is those properties which are attached, WP(C) No.5040/2009 -2- according to the petitioner. If petitioner owns properties, which are not covered by Ext.P1 final order of the Tribunal, the said order cannot stand in the way of the petitioner paying tax and the 2nd respondent can accept tax in respect of those properties, which are not covered by Ext.P1 order. Therefore, Ext.P1 final order cannot operate against the petitioner in so far as the properties, which are not mortgaged to the 1st respondent Bank. 3. Therefore, this writ petition is disposed of directing that it will be open to the petitioner to produce Ext.P1 order of the DRT in OA 24/2007 before the 2nd respondent, in which case the request of the petitioner for accepting tax in respect of the properties, which are not covered by Ext.P1, will be considered by the 2nd respondent, and if the petitioner owns properties that are not attached, tax will be accepted. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg