IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17439 of 2008(A) -------------------------- PETITIONERS: ------------------- 1. V.K.SHEELA, DAUGHTER OF KUTTAN, VADAKKARA MANAKULANGARA P.O., NOW RESIDING AT PARUTHIAZHATHU, CHEMPU MUKKU, KAKKANAD. 2. V.K.SAKUNTHALA, DAUGHTER OF KUTTAN, VADAKKARA MANAKULANGARA P.O., NOW RESIDING AT KOZHIPARAMBIL, S.N.NAGAR, IRINJALAKUDA. 3. LALITHA.V.K., DAUGHTER OF KUTTAN, VADAKKARA MANAKULANGARA P.O., NOW RESIDING AT KALLIKADAVIL, PARAPPOKARA, THRISSUR. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL SRI.V.N.SASIDHARAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY GOVERNMENT SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THRISSUR. 3. TAHSILDAR, MUKUNDAPURAM. 4. VILLAGE OFFICER, KODAKARA. 5. SALES TAX OFFICER, 4TH CIRCLE, THRISSUR. 6. V.K.KUTTAN, PROPRIETOR, FOREIGN TIMBERS, VADAKKARA, MANAKULANGARA P.O., NOW RESIDING AT KOZHIPARAMBIL, S.N.NAGAR, IRINJALAKUDA. BY GOVT.PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 17439 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2008 JUDGMENT Petitioners are the daughters of sixth respondent. The sixth respondent incurred arrears under the Sales Tax Act. He had certain properties that came to be proceeded against. It was attached and it was later sold under the Revenue Recovery Act in the year 1989. It was bought by the Government for an amount of 10 paise. It is the further case of the petitioners that a loan had been raised from the Union Bank mortgaging the property of the mother and the said amount was cleared and later there was a partition deed upon the death of the mother of the petitioners among the six sharers, whereby as per the partition deed the one sixth share in the property came to be alloted to the sixth respondent. Thereafter the petitioners find that by Ext.P7 the entire property covered by the partition deed has been attached by the department for arrears due from the sixth respondent. Petitioners contend that there is an amnesty scheme announced and the sixth respondent has made an application under the same. It is the further case of the petitioners that the attachment is made ignoring the fact of partition, which had already taken effect and if at all the attachement can be effected, it can be done only in respect to the property earmarked for the WPC.17439/08. 2 sixth respondent under the partition deed. They would further submit that the first petitioner and one of her brothers had entered into an agreement for sale with another person for sale of the land allotted to her and on account of the attachment, they are not in a position to sell the property and time had been extended for execution of the sale agreement. It is further submitted that they are prepared to pay off the entire amount due and the attachment should not be allowed to continue. 2. Learned Government Pleader took time to get instructions. On instructions, he submits that if the petitioners pay a sum of Rs.6,87,956/- with interest from 17.4.2008 and collection charges, Ext.P7 attachment will be lifted. I record the submission of the learned Government Pleader and direct that if the sum of Rs.6, 87,956/- with interest and collection charges are remitted by the petitioners, Ext.P7 attachment will be lifted. With regard to the application submitted under the scheme, I express no opinion and leave it open. The writ petition is disposed of as above. (K.M. JOSEPH, JUDGE) sb