IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 19905 of 2008(T) -------------------------- PETITIONER: --------------- SOUTH INDIAN BANK LIMITED, KAKKANAD ,KOCHI. BY ADV. SRI.A.KUMAR RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. 3. VILLAGE OFFICER, ATHIRAMPUZHA. 4. M/S AL-AMEEN WHEAT & RICE TRADING CO. PVT .TD., 41/951, BEETA PLAZA, KRISHNASWAMY ROAD, ERNAKULAM, COCHIN 682 035. 5. T.ALI , MANAGING DIRECTOR, M/S AL-AMEEN WHEAT & RICE TRADING CO. PVT .TD., 41/951, BEETA PLAZA, KRISHNASWAMY ROAD, ERNAKULAM, COCHIN 682 035 RESIDING AT CRESCENT HOUSE, ATHIRAMPUZHA PO., KOTTAYAM DISTRICT. 6. T.A. UMMER FAROOQ, DIRECTOR, M/S AL-AMEEN WHEAT & RICE TRADING CO. PVT .TD., 41/951, BEETA PLAZA KRISHNASWAMY ROAD, ERNAKULAM, COCHIN 682 035 RESIDING AT CRESCENT HOUSE, ATHIRAMPUZHA PO., KOTTAYAM DISTRICT. WPC NO.19905/08 -2- 7. T.K.MYMOONATH BEEVI DIRECTOR, M/S.AL AMEEN WHEAT & RICE TRADING CO. PVT .TD., 41/951, BEETA PLAZA KRISHNASWAMY ROAD, ERNAKULAM, COCHIN 682 035 RESIDING AT CRESCENT HOUSE, ATHIRAMPUZHA PO., KOTTAYAM DISTRICT. 8. THE ASST.COMMISSIONER OF COMMERCIAL TAX, COMMERCIAL TAX OFFICE, SPECIAL CIRCLE, KOTTAYAM. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 19905 OF 2008 T = = = = = = = = = = = = = = = = = Dated this the 3rd July 2008 J U D G M E N T Petitioner is aggrieved by Ext. P5 auction notice in so far as it includes the land covered by document No. 468/90 belonging to the 6th respondent, which is stated to be mortgaged to the petitioner. Admittedly, the property is proposed to be sold on account of the liability of a firm of which the 6th respondent is also a partner, towards sales tax dues and if so such sale cannot be held to be illegal. The sale is scheduled to take place today and it is informed that the petitioner has filed Ext. P7 representation before the District Collector requesting for exclusion of the property and to proceed against the other properties belonging to the defaulter. 2. If as stated by the petitioner, Ext. P7 has been received by the District Collector, that authority is obliged to take note of the same and pass orders thereon, but however, I am not inclined to pass any order withholding the sale that is already scheduled to W.P.(C) No. 19905 OF 2008 -2- take place today. 3. In the circumstances, the writ petition is disposed of directing that the District Collector shall take note of Ext. P7 and pass orders thereon as expeditiously as possible and at any rate within 3 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the District Collector for compliance. ANTONY DOMINIC JUDGE jan/-