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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