IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 5255 of 2005(A) ------------------------- PETITIONER(S): --------------- M/S. SAKTHI FINANCE LTD., REGD.OFFICE NO.475, DR.NANJAPPA ROAD, COIMBATORE-18. BY ADV. SRI.P.SANTHALINGAM (SR.) SRI.A.D.SHAJAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TAHSILDAR, TIRURANGADI. 3. K. ALAVI HAJI, S/O. KUNHALI, AGED ABOUT 60 YEARS, SAKEENA MANZIL, P.O. OTHIKKUNGAL, OTHIKKUNGAL VILLAGE, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 4. K. MOHAMMED, S/O. ALAVI HAJI, AGED 40 YEARS, SAKEENA MANZIL, P.O. OTHIKKUNGAL. 5. K. HANEEFA, S/O. ALAVI HAJI, AGED 30 YEARS, SAKEENA MANZIL, P.O. OTHIKUNGAL. 6. K.K. MOHAMMED SHAFI, S/O.KUNHIMOHAMMED AGED 59 YEARS, SUMAIYA MANZIL, P.O. OTHIKKUNGAL. 7. K. MUSTHAFA, S/O. K. ALAVI HAJI, AGED 29 YEARS, SAKEENA MANZIL, P.O. OTHIKKUNGAL. R1 AND R2 BY G.P. SRI. TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT DATED 20.7.2004 IN OS NO.125 OF 2001 BEFORE THE SUB COURT, TIRUR. EXT.P2 TRUE COPY OF THE DECREE DATED 29.7.2004 IN O.S NO.126/01 BEFORE THE SUB COURT, TIRUR. EXT.P3 TRUE COPY OF THE NOTICE DATED 1.1.2005 ISSUED BY TAHSILDAR, THIRURANGADI. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 10.2.2005 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 5255 OF 2005 -------------------------------------------- Dated this the 26th day of September, 2008 JUDGMENT Petitioner's case is thsat petitioner has obtained decree against respondents 3 to 7 who were in debt to the petitioner for the finance provided by them for purchase of automobiles. However, it is not known whether decree is executed by the petitioner before the civil court. In any case, petitioner's challenge against recovery proceedings is not maintainable because arrears due to State can be recovered by attachment and sale of defaulter's property. If the petitioner had obtained any attachment before judgment or attachment in execution proceedings, then property would not have been sold in recovery proceedings. In any case if petitioner has any charge over the property sold, which has priority over the Crown debt, petitioner is given freedom to file claim petition before the second respondent to consider the same. W.P. is accordingly disposed of directing the second respondent to consider petitioner's claim over the Govt.'s dues and if the petitioner has priority, then second respondent will release so much 2 of the fund based on the priority accepted by him from the petitioner. Second respondent will communicate his decision within two months from the date of filing of claim petition by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3