IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 731 of 2006()
1. V.VIJAYAKUMARAN NAIR,
... Petitioner
Vs
1. AMARAVILA CHUDUKAL ULPADAKA KRAYA
... Respondent
2. THE KHADI BOARD,
3. THE RECOVERY OFFICER,
4. THE ENFORCEMENT OFFICER (RECOVERY),
For Petitioner :SRI.A.M.SHAFFIQUE
For Respondent :SRI.N.N. SUGUNAPALAN, SC, P.F.
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/06/2007
O R D E R
H.L.Dattu,C.J. & K.T.Sankaran,J.
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W.A.No.731 of 2006-D
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Dated, this the 4th day of June, 2007
JUDGMENT
H.L.Dattu,C.J.
One Sri.V.Vijayakumaran Nair, resident of Poojappura,
Thiruvananthapuram is the appellant in this appeal. Being aggrieved by the
orders passed by this Court in W.P.(C).No.34639 of 2005 dated 20.2.2006, he
is prosecuting this appeal after obtaining leave from this Court.
2. The 1st respondent is a Society registered under the
provisions of the Kerala Co-operative Societies Act. The Society has not
discharged its liability under the provisions of the Employees’ Provident Funds
and Miscellaneous Provisions Act, 1952. To recover the aforesaid amount, the
respondents 3 and 4 in the appeal have attached an immovable property
measuring an extent of 79 cents of land in Re-survey No.84 situate at
Neyyattinkara Village.
3. The appellant is interested in purchasing the property.
Therefore, his learned counsel would submit that whatever amount that is due
as on today to the respondents 3 and 4, he would discharge the same in 45
days after intimation of the amounts due to them by respondents 3 and 4 and
obtain No Objection Certificate from respondents 3 and 4 to execute a sale
deed in his favour by 1st respondent-Society. The suggestion made by
Sri.E.K.Nandakumar, learned counsel appearing for the appellant is not
resisted by learned counsel appearing for respondents 3 and 4 as well as the
learned counsel appearing for the 1st respondent-Society.
W.A.No.731 of 2006 – 2 –
4. In view of this understanding between the parties, for the
present we need not have to go into the merits or demerits of the orders
passed by the learned Single Judge. Accordingly, the appeal is disposed of as
under:
Order
(i) Respondents 3 and 4 shall intimate the amounts due as to today to
the appellant Sri.V.Vijayakumaran Nair within fifteen days from today.
(ii) After such intimation, the appellant shall deposit the said
amount with respondents 3 and 4 within 45 days thereafter.
(iii) If such deposit is made within the time granted, respondents 3 and
4 will give him a No Objection Certificate for purchase of property measuring
an extent of 79 cents in Re-survey No.84 situate at Neyyattinkara Village.
(iv) If and when the appellant produces the No Objection Certificate
from respondents 3 and 4, the 1st respondent shall execute an appropriate sale
deed in favour of the appellant at his cost.
Ordered accordingly.
Consequently, I.A.No.1149 of 2006 is dismissed.
H.L.Dattu
Chief Justice
K.T.Sankaran
Judge
vku/DK