IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28135 of 2008(Y) -------------------------- PETITIONER: ------------ 1. ATHUL BALAMADHAV, S/O. M.BALAKRISHNAN, PATTATHUVILA HOUSE, SANTHINAGAR, VANCHIYOOR, THIRUVANANTHAPURAM. 2. VISHAKH MANOJ BHASKAR, S/O. MANOJ BHASKAR, PATHATHUVILA HOUSE, PATHIRIKARIMURIYIL, PETTA, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.WILSON URMESE RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE THAHSILDAR (RR), THIRUVANANTHAPURAM 3. THE ADDITIONAL THAHSILDAR, THIRUVANANTHAPURAM. 4. THE VILLAGE OFFICER, CHERUVACKAL VILLAGE THIRUVANANTHAPURAM TALUK. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28135 OF 2008 Y ```````````````````````````````````````````````````` Dated this the 23rd day of September, 2008 J U D G M E N T Case of the petitioners in brief is as follows. Petitioners have landed property. They are children of brother and sister. The property originally belonged to the grandfather of the petitioners named Bhaskaran and it was transferred into the name of the petitioners vide Exts.P1 and P2 settlement deeds. Exts.P5 and P6 are the encumbrance certificates and they are in possession of the petitioners. Exts.P3 and P4 are produced by way of evidence in support thereof. Apparently, recovery proceedings have been started on the basis of dues from the grandfather of the petitioners. It is submitted that the property belonging to the father of the 2nd petitioner and son of the above named Bhaskaran has already been attached and proceeded under the R.R. Act, as the father of 2nd petitioner and Mr.Bhaskaran were business partners. The property attached is sufficient to wipe out the WPC.28135/08 : 2 : entire sales tax arrears of the grandfather of the petitioners. Now, the petitioners are served with Ext.P7 and P8 notices and the petitioners have submitted Ext.P9. 2. Heard learned counsel for petitioners and learned Government Pleader. Writ petition is disposed of directing the 3rd respondent to consider and take a decision on Ext.P9 in accordance with law, after affording an opportunity for hearing to the petitioners, within three weeks from the date of receipt of a copy of this judgment, if a decision is not already taken. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE