IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 35631 of 2008(P) ------------------------------------- PETITIONER(S): ----------------------- GOPAKUMAR.K, ELAMON MADOM, MUKHATHALA.P.O, KOLLAM. BY ADVS.MR.S.M.ALTHAF MR.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. TAHSILDAR (R.R),KOLLAM. 3. GENERAL MANAGER, KERALA FINANCIAL CORPORATION, KOLLAM BRANCH. ADV. MR.A.A.ABUL HASSAN, SC, KFC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35631/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED DT. 29.8.08 . P2:- COPY OF THE SALE NOTICE. P3:- COPY OF THE REQEST DT. 16.9.08. P4:- COPY OF THE LETTER DT. 30.9.08 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R3A:- COPY OF THE SALE NOTICE DT. 19.6.07 ISSUED BY THE TAHSILDAR (RR) KOLLAM. TRUE COPY P.A. TO JUDGE TSS V.GIRI, J ....................... W.P.(C).35631/2008 ....................... Dated this the 25th day of June, 2009 JUDGMENT Petitioner purchased in auction land having an extent of 2.15 ares forming part of a total extent of 89 ares, held in the course of realization of certain sales tax arrears due from one Panchami Exporters. Sale was confirmed on 29.10.2007 and Ext.P1 sale deed was executed in favour of the petitioner. Petitioner then applied before the 2nd respondent for a mahazar and was issued Ext.P4 which shows that there was a bus parted in the said property. There was also a generator which belongs to the KFC. Petitioner was asked to keep the same without damage till the removal of the same and hence the writ petition challenging Ext.P4. 2. Counter affidavit has been filed by the KFC in which it is pointed out that the bus and the generator belongs to the KFC. In fact a different item of property, forming part of the total extent was mortgaged in favour of the Financial Corporation and it has been taken over by them. It is contended that the bus in question belongs to another W.P.(C).35631/2008 2 person and it seems that the said person who is also a defaulter with the KFC, has settled accounts with the Financial Corporation. She has asked for return of the same. Be that as it may, there is no dispute that the bus and the generator referred to in Ext.P4 do not belong to the petitioner. 3. In these circumstances, Kerala Financial Corporation shall take steps to remove the bus and the generator referred to in Ext.P4 and they shall do so without causing any damage to the petitioner's property. Petitioner shall extend all co-operation to the KFC to enable them to comply with the orders. This shall be done within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs