Kerala High Court
Tamilnad Mercantile Bank vs The Assistant Commissioner Of ... on 13 January, 2022
WP(C) No.438/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 13th day of January 2022 / 23rd Pousha, 1943
WP(C) NO. 438 OF 2022(D)
PETITIONER:
TAMILNAD MERCANTILE BANK LTD, ERNAKULAM BRANCH, REPRESENTED BY ITS
BRANCH MANAGER, PRINCIPAL OFFICER AND POWER OF ATTORNEY HOLDER R.S
RAJAMANIKANDAN, AGED 44 YEARS, S/O. R. SUTHANTHIRAKUMAR , D.NO
64/3334 A, CHITTOOR ROAD, KACHERIPADY, ERNAKULAM, KOCHI-682 018
RESPONDENTS:
1. THE ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-2(2), C.R BUILDING,
I.S PRESS ROAD,KOCHI- 682 018
2. THE SUB REGISTRAR,OFFICE OF THE SUB REGISTRAR, ERNAKULAM-682 011
3. THE SUB REGISTRAR,OFFICE OF THE SUB REGISTRAR, THRIKKAKARA,
ERNAKULAM-682 028
4. *THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, ERATTUPETTA,
ERNAKULAM 682 011 ADDRESS OF R4 IS CORRECTED AS 'THE SUB
REGISTRAR, OFFICE OF THE SUB REGISTRAR, ERATTUPETTA,
KOTTAYAM-686121' AS PER VIDE SEPERATE ORDER DATED 13.01.2022 IN IA
01/2022 IN WP(C) 438/2022
5. V.P RASHEED, M/S. E- ORIENTAL TIMBERS, KAVYA MAHAL, OPP. CHAITHANYA
MARBLES, N.H BYEPASS, EDAPPALLY-682 024
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd,3rd and 4th respondent to comply the judgment
and lift the attachment endorsement in the book and issue clean
encumbrance certificate noting the lifting of attachment pending disposal
of the above writ petition.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 07.01.2022 and upon hearing the arguments of
SRI.V.V.SURENDRAN, Advocate for the petitioner, SRI.CHRISTOPHER
ABRAHAM,CENTRAL GOVERNMENT STANDING COUNSEL for the respondent 1 and of
SRI.JUSTIN JACOB, SENIOR GOVERNMENT PLEADER for the respondents 2 to 4
(B/O), the Court passed the following:
WP(C) No.438/2022 2/5
BECHU KURIAN THOMAS, J
=======================
I.A.No.1 of 2022
&
W.P.(C) No.438 of 2022
-------------------------------
Dated this the 13 th day of January, 2022
ORDER
I.A.No.1/2022
This is an application seeking correction in the address
of the 4 th respondent in the writ petition.
Heard. Allowed.
Registry is directed to carry out necessary corrections.
W.P.(C)
The grievance of the petitioner is that in spite of
Ext.P1 judgment, which has become final and binding,
respondents 2 to 4 have not complied with the
directions therein.
2. In Ext.P1 judgment this Court had observed that the
provisional attachment, against petitioner's secured
assets, effected pursuant to Section 281B of the
WP(C) No.438/2022 3/5
I.A.No.1 of 2022
&
W.P.(C) No.438 of 2022
Income Tax Act, 1961 no longer subsists. The
said order is a declaration in rem and, hence,
respondents 2 to 4, despite not being parties to
the said judgment, are bound by it.
3. The learned Senior Government Pleader
Sri.Justin Jacob seeks time to ensure
compliance of Ext.P1 judgment by respondents
2 to 4. He submits on their behalf that, the
contents of the judgment was never intimated
to the aforesaid respondents. The counsel for
the petitioner asserted that copies of the
judgment were served on respondents 2 to 4.
4. Since the learned Senior Government Pleader
has submitted that respondents 2 to 4 shall
carry out Ext.P1 judgment to its full effect
within a short time, list this case for further
consideration on 07.02.2022.
WP(C) No.438/2022 4/5
I.A.No.1 of 2022
&
W.P.(C) No.438 of 2022
5. Respondents 2 to 4 shall ensure that Ext.P1
judgment is complied with, without fail, by
then.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/13/01/2022
13-01-2022 /True Copy/ Assistant Registrar
WP(C) No.438/2022 5/5
Exhibit P1 A TRUE COPY OF THE JUDGMENT IN FILED W.P(C) NO. 13530
OF 2017 BEFORE THIS HONOURABLE COURT DATED 12-2-2019
