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2019 Supreme(Online)(KER) 21431

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941

WP(C).No. 15384 of 2019

PETITIONER:

VYSHAKH R.KUZHIVELIL,

KUZHICELIL HOUSE, KURINJI P.O., PIN- 686576,

RAMAPURAM, PALA, KOTTAYAM DISTRICT.

BY ADV. SRI.P.N.SASIDHARAN

RESPONDENTS:

1

STATE OF KERALA,

REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,

GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

2

DEPUTY TAHASILDAR (RR),

OFFICE OF THE DEPUTY TAHASILDAR (RR),

KERALA FINANCIAL CORPORATION, ERNAKULAM, PIN- 682017.

3

TAHASILDAR,

TALUK OFFICE, PUNALUR.PIN

4

GREEN SEVEN RESORTS PRIVATE LIMITED,

CIN/NO.U 55101KL2006PTC01552, REGISTERED OFFICE AT

DOOR NO.29 CHOICE VILLAGE, THRIPUNITHURA,

ERNAKULAM DISTRICT, PIN- 682301,

REPRESENTED BY ITS MANAGING DIRECTOR.

5

DEEPAK NARENDRAN,

S/O.NARENDRAN KUNJIKUTTAN, KADAMBANATTU HOUSE, MARADY

VILLAGE, NOW RESIDING AT DOOR NO.29 CHOICE VILLAGE,

THRIPUNITHURA, PIN- 682301.

GP- SRI. MATHEW GEORGE VADAKKEL.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15384 of 2019

2

The petitioner approached this Court,

aggrieved by the attachment effected allegedly

for recovery of the amount due from the

respondents 4 and 5. According to the petitioner,

attachment has been effected over the property

belongs to him for recovery of the amount from

the party respondents as above. The proper

remedy of the petitioner is to file application

under Section 34 of the Revenue Recovery Act

before the District Collector. If the petitioner

moves the District Collector within a period of

two weeks from the date of receipt of a certified

copy of this judgment, it shall be disposed by

the District Collector within a period of two

months, after hearing the petitioner. To enable

the petitioner to move the District Collector,

the coercive steps shall be deferred for a period

of two weeks.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

SAS/06/06/2019

JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1

TRUE COPY OF SALE DEED NO.1239/1/18 OF THE

KALLOORKADU SUB REGISTRAR OFFICE ALONG WITH

ITS ENGLISH TRANSLATION.

EXHIBIT P2

TRUE COPY OF THE MASTER DATA OF 3RD

RESPONDENT COMPANY.

EXHIBIT P3

TRUE COPY OF THE GST REGISTRATION

CERTIFICATE NO.32AADCG1573AIZA DATED

24.09.2017.

EXHIBIT P4

TRUE COPY OF THE CERTIFICATE

KFC/EKM/1493/18 DATED 12.12.2018 ISSUED BY

THE KFC.

EXHIBIT P5

TRUE COPY OF THE PROCEEDINGS OF THE

KUNNATHUNADU TAHASILDAR BEARING

NO.D4.7404/16 DATED 02.05.2018, ALONG WITH

ITS ENGLISH TRANSLATION.

EXHIBIT P6

TRUE COPY OF THE LETTER NO.269/2018 DATED

27.11.2018 FORWARDED BY THE VILLAGE

OFFICER, AIKARANADU SOUTH VILLAGE TO THE

KUNNATHUNADU TAHSILDAR, ALONG WITH ITS

ENGLISH TRANSLATION.

EXHIBIT P7

TRUE COPY OF THE ORDER OF WITHDRAWAL OF

ATACHMENT BEARING NO.18/2016 DATED

13.12.2018 OF THE 2ND RESPT.

EXHIBIT P8

TRUE COPY OF THE ENCUMBRANCE CERTIFICATE

DATED 07.01.2019 ISSUED FROM SRO KALLOORKAD

ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P9

TRUE COPY OF THE BASIC TAX RECEIPT

NO.KL07071600051/20019 DATED 07.01.2019

ISSUED BY THE V.O.MANJALLUR ALONG WITH ITS

ENGLISH TRANSLATION.

EXHIBIT P10

TRUE COPY OF THE ATTACHMENT ORDER DATED

11.01.2019 ISSUED BY THE 3RD RESPONDENT,

ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P11

TRUE COPY OF THE REPRESENTATION DATED

20.05.2019 SUBMITTED BY THE PETITIONER

BEFORE THE 3RD RESPONDENT ALONG WITH ITS

ENGLISH TRANSLATION.

EXHIBIT P12

TRUE COPY OF THE PROOF OF DELIVERY CARD

ISSUED FROM THE POSTAL DEPARTMENT.

RESPONDENTS' EXHIBITS: NIL

\\TRUE COPY//

PA TO JUDGE

SAS/06/06/2019

6

The following corrections are effected in the

Judgment dated 06-06-2019 in WP(C) 15384/2019 as per

order dated 25.07.2019 in I A No.1/2019 in WP(C)

15384/2019(W).

1. The words “respondents 4 and 5” occurring in the

first sentence is corrected as “5th respondent”.

2. The words “party respondents” occurring in the

second sentence is corrected as “party respondent No.5”

and

3. The words “Section 34” occurring in the third

sentence is corrected as Section 46”.

Sd/-

JOINT REGISTRAR

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