IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 8253 of 2009(B) ------------------------------------ PETITIONER : ------------------------ PRIYA SREEDHARAN, W/O.BASANT, VANNERY HOUSE, VADANAPPALLY, C/O.VIJAYAKUMAR, THANDASSERRY HOUSE, GANDHI NAGAR, 3RD STREET, PERINGAVU, THRISSUR. BY ADV. MR. .N.N.SUGUNAPALAN, SENIOR ADVOCATE MR.S.SUJIN RESPONDENTS: ------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE TAHSILDAR, CHAVAKKAD. 3. THE TAHSILDAR, TRICHUR. 4. THE VILLAGE OFFICER, VADANAPPALLY VILLAGE, THRISSUR DISTRICT. 5. THE VILLAGE OFFICER, VEEVATTOM VILLAGE, THRISSUR DISTRICT. 6. THE VILLAGE OFFICER, AYYANTHOLE VILLAGE, THRISSUR DISTRICT. 7. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIATE, THIRUVANANTHAPURAM. MR. M.A. ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8253/2009 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF THE DETAILS OF PAYMENT MADE BY THE PETITIONER TO RELEASE THE PROPERTIES FROM ATTACHMENT. EXHIBIT P2: TRUE COPY OF the COMMNUNICATION DATED 14/12/2007 ISSUED TO THE TAHSILDAR, CHAVAKKAD. EXHIBIT P3: TRUE COPY OF THE COMMUNICATION DATED 21/12/2007 ISSUED TO THE SUB REGISTRAR, VADANAPPALLY. EXHIBIT P4: TRUE COPY OF THE COMMUNICATION DATED 22/08/2008 ISSUED TO THE SPECIAL TAHSILDHAR(RR),TRICHUR. EXHIBIT P5: TRUE COPY OF THE CERTIFICATE DATED 9/04/2008 SHOWING NO ENCUMBRANCE. EXHIBIT P6: TRUE COPY OF THE CERTIFICATES DATD 13/05/2008 SHOWING NO ENCUMBRANCE. EXHIBIT P7: TRUE COPY OF THE CERTIFICATES DATED 17/02/2009 SHOWING NO ENCUMBRANCE. /TRUE COPY/ P.A. TO JUDGE scm ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 8253 of 2009 ------------------------------------ Dated this the 24th day of March, 2009 JUDGMENT Petitioner states that her father, late Shri. V.K. Sreedharan, was an Abkari defaulter. His liability was of Rs.13,58,000/-. Recovery proceedings were initiated and his properties were attached. During 1995, her father expired and thereafter at the request of the petitioner, his liability was quantified. Accordingly, petitioner states that total amount of Rs.74,34,409/- was paid in full discharge of the default. Thereupon Exhibit P2 clearance certificate was issued by Excise Authorities. According to the petitioner, by Exhibits P3 and P4 the Tahsildar, Chavakkad Taluk and Tahsildar, Trichur Taluk intimated the first respondent about the discharge of liabilities , so that clearance certificate could be issued for lifting the attachment. It is stated that there has not been any progress in the matter. In the meanwhile in view of the attachment effected, tax in respect of the properties were not accepted. Petitioner's prayer in this writ petition is that the District Collector be directed to issue clearance certificate following Exhibits P3 and P4 and that respondents 4 ,5 and 6 be W.P.(C) No. 8253/2009 2 directed to accept tax due on the properties under attachment. 2. I heard the Government Pleader. 3. If as stated by the petitioner entire liability in respect of the properties situated in Survey Nos.466/2,436/7,436/1, 436/8 and 153/4 of Vadanappally Village, Survey Nos.343/2 in Veevattom Village and Survey No.838 and 893/1of Ayyathole Village have been discharged, there is no reason to continue the attachment. Therefore, the District Collector is directed to pass orders in the light of Exhibits P3 and P4 referred to above. This shall be done as expeditiously as possible and at any rate within eight weeks of production of copy of this judgment. In the meanwhile, I also direct the respondents 4, 5 and 6 to accept tax in respect of properties referred to above. Petitioner shall produce a copy of this judgment before the respondents 1,4,5 and 6 for compliance. ANTONY DOMINIC, JUDGE scm