Sefia vs The Village Officer, ...
2023 Latest Caselaw 3684 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                        WP(C) NO. 9480 OF 2023
PETITIONER :

          SEFIA
          AGED 61 YEARS
          W/O. NOOR MUHAMMED, THENGUMPADAM,
          THIRUVAZHIYAD, KAIRADY (POST),
          AYILUR, CHITTUR TAUK,
          PALAKKAD DISTRICT, PIN-678510
          BY ADV THAREEQ ANVER K.


RESPONDENTS:

    1     THE VILLAGE OFFICER,
          THIRUVAZHIYAD VILLAGE,
          CHITTUR TALUK, PALAKKAD DISTRICT,
          PIN - 678510
    2     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE,
          PALAKKAD DISTRICT, PIN - 678001
    3     DISTRICT COLLECTOR
          PALAKKAD REVENUE DISTRICT,
          CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001



          SRI. BIMAL K NATH, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.9480 of 2023

                                    2




                            JUDGMENT

The petitioner has approached this Court being

aggrieved by the fact that the application filed by the

petitioner for allotment of thandaper account in respect of

property covered by Ext.P1 document is not being considered

by the first respondent on the ground that the property in

question is subject matter of a court attachment.

2. The learned counsel for the petitioner would

submit that the court attachment is not a ground to refuse

allotment of thandaper. The learned Senior Government

Pleader does not dispute the position in law that the court

attachment cannot be a ground to refuse thandaper.

Having regard to the aforesaid, this writ petition

will stand allowed. Exts.P2 and P4 communications are

quashed and the competent among the respondents shall

consider the case of the petitioner for allotment of thandaper

notwithstanding any attachment obtained in respect of the

property. I make it clear that allottment of thandaper and WPC No.9480 of 2023

payment of basic tax will not affect the attachment affected

over the property in any manner and the same will continue

to operate in respect of the property in question. Allotment of

thandaper and the payment of tax by the petitioner is only for

fiscal purposes.

Sd/-

GOPINATH P., JUDGE rkj WPC No.9480 of 2023

APPENDIX OF WP(C) 9480/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED DOCUMENT NO.39 OF 2004 OF S.R.O. NEMMARA DATED 01.01.2004 EXECUTED IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE LETTER DATED 30.11.2022 OF THE VILLAGE OFFICER Exhibit P3 TRUE COPY OF THE APPLICATION DATED 12.12.2022 SUBMITTED TO THE REVENUE DIVISIONAL OFFICER, PALAKKAD Exhibit P4 TRUE COPY OF THE LETTER DATED 21.01.2023 ISSUED BY THE REVENUE DIVISIONAL OFFICER.