Kerala High Court
V.Anilkumar vs Union Of India on 12 April, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WA NO. 909 OF 2022
AGAINST JUDGMENT DATED 02.06.2022 IN WP(C) 9197/2020 OF THIS COURT
APPELLANT/PETITIONER:
V.ANILKUMAR, CHAIRMAN, SREE ANJANEYA MEDICAL TRUST, MALABAR MEDICAL
COLLEGE, MODAKALLUR, KOZHIKODE, PIN - 673323
BY ADVS.M/S VINOD BHAT & ANAGHA LAKSHMY RAMAN
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
LABOUR AND EMPLOYMENT NIRMAN BHAVAN, NEAR UDYOG BHAVAN METRO
STATION, MOULANA AZAD ROAD, NEW DELHI, PIN - 110011
AND 8 OTHERS.
BY DEPUTY SOLICITOR GENERAL OF INDIA FOR R1 AND
GOVERNMENT PLEADER FOR R2 TO R9
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to Exts.p2 to Ext P2(0)notices
pending disposal of the above writ appeal.
This writ appeal again coming on for orders on 12.4.2024,upon
perusing the appeal memorandum and this court's order dated 23.02.2024,
court on the same day passed the following:
ANNEXURE A1:A TRUE COPY OF LETTER DATED 29-08-2022 WRITTEN BY THE
PETITIONER.
RAJA VIJAYARAGHAVAN V & P.M.MANOJ, JJ.
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W.A. No. 909 of 2022
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Dated this the 12th day of April 2024
ORDER
Raja Vijayaraghavan, J.
A memo has been filed by the learned Senior Government Pleader
wherein it is stated that instead of Rs.41.5 lakhs as ordered by this Court,
all that has been remitted is only a sum of Rs.28,34,425.
2. In response, Sri. Vinod Bhat, the learned counsel appearing
for the appellant refers to the documents produced along with I.A.No.
1/2024 and he submits that instead of 41.5 lakhs, the appellant has
remitted a total sum of Rs. 43,40,444/-, though not within the time
prescribed by this Court. He has also produced certain documents which
include Demand Drafts as well as receipts issued by the Village Officer to
substantiate the said contention.
3. The learned Government Pleader shall get instructions with
regard to the veracity of the submissions made by him and also the
authenticity of the documents produced.
4. It is submitted that on the premise that the appellant has not
complied with the directions issued by this Court, the property has been
attached. The learned counsel appearing for the appellant undertakes
that the appellant, under protest, shall remit the balance amount of
Rs. 14.65 lakhs and requests that the Annexure A1 representation be
ordered to be considered and the attachment lifted.
5. We find that even as per the respondents, the balance
amount due is Rs. 14.65 lakhs, which the appellant has agreed to remit
forthwith. This is despite the fact that the contention of the appellant is
that he has remitted amounts in excess.
6. In that view of the matter, the Deputy Tahsildar, (Revenue
Recovery), Vadakara shall consider Annexure A1 representation and take
note of the payments effected and consider lifting of the attachment
within a period of two weeks. While considering the application, the delay
in making payment shall not be considered as a reason for not lifting the
attachment.
Post on 21.05.2024.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
DCS
12-04-2024 /True Copy/ Assistant Registrar
