Leela . V.P vs The District Collector
2021 Latest Caselaw 8521 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                        WP(C).No.6517 OF 2021(L)


PETITIONER/S:

                LEELA . V.P,
                AGED 60 YEARS,
                W/O. THATTARAMBATH PARANGODAN, PERMANENTLY RESIDING
                AT VALPARAMBIL HOUSE, PACHATTIRI P.O, TIRUR TALUK,
                MALAPPURAM DISTRICT.

                BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR,
                MALAPPURAM, MALAPPURAM P.O, PIN - 676505.

      2         THE TAHSILDAR,
                TIRUR TALUK OFFICE, TIRUR P.O, MALAPPURAM DISTRICT,
                PIN - 676101.

      3         THE VILLAGE OFFICER,
                TANALUR VILLAGE, TANALUR P.O, MALAPPURAM DISTRICT,
                PIN - 676307.

      4         THE STATE TAX OFFICER,
                TIRUR, STATE GST DEPARTMENT, MINI CIVIL STATION
                BUILDING, TIRUR P.O, MALAPPURAM DISTRICT,
                PIN - 676101.

      5         ACCOMPLISH MARKETING PRIVATE LIMITED,
                TIRUR P.O, MALAPPURAM DISTRICT, PIN - 676101,
                REPRESENTED BY ITS MANAGING DIRECTOR.

      6         JAYACHANDRAN,
                S/O. MUDIYERI VASU, OZHUR P.O, TIRUR TALUK,
                MALAPPURAM DISTRICT, PIN - 676307.


                R1 TO R4 BY GP- SMT. THUSHARA JAMES

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6517 OF 2021



                                         2




                                    JUDGMENT

Dated this the 15th day of March 2021

Heard learned Counsel for the petitioner. Learned

Government Pleader takes notice for respondents 1 to

4.

2. It is the case of the petitioner that the

property covered by sale deed at Ext.P1 is the

personal property of the 6th respondent, who is the

Managing Director of the 5th respondent private limited

company. The petitioner is alleging that the personal

property of the 6th respondent is being sold for

recovery of sales tax dues. The petitioner is

contending that the property covered by the sale deed

at Ext.P1 is under attachment of the Civil Court in a

suit instituted by the petitioner and therefore the

petitioner has filed a representation at Ext.P5 before WP(C).No.6517 OF 2021

the 1st respondent District Collector, Malappuram. The

sale is scheduled to be held on 07.04.2021 and

therefore, learned Counsel for the petitioner submits

that the 1st respondent be directed to decide the

representation at Ext.P5 submitted by the petitioner

prior to 07.04.2021.

3. Learned Government Pleader oppose the petition,

but contended that the representation if any filed by

the petitioner shall be decided by the 1 st respondent

within a prescribed time frame granted by this Court.

4. In this view of the matter, the petition is

disposed of with a direction to the 1st respondent to

decide the representation by 30.03.2021. The

petitioner to communicate this judgment to the 1st

respondent and also to supply one additional copy of

the representation at Ext.P5 to the 1 st respondent for

deciding the same according to the provisions of law. WP(C).No.6517 OF 2021

It is expected of the 1st respondent to grant

opportunity of hearing to the petitioner before

deciding the representation at Ext.P5.

The writ petition is disposed of accordingly.

Sd/-

A.M.BADAR

JUDGE

uu

16.3.2021 WP(C).No.6517 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF DOCUMENT NO.1440/2013 OF SRO TANUR DATED 5.4.2013.

EXHIBIT P2 THE TRUE COPY OF THE PLAINT IN OS NO.62/2017 OF MUNSIFF COURT, TIRUR, DATED 7.2.2017.

EXHIBIT P3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE SUB REGISTRAR, TANUR DATED 6.12.2019.

EXHIBIT P4 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.02.2021.

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1.3.2021.