Siraj Hussain vs The Senior Manager on 19 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8476 of 2005(H)


1. SIRAJ HUSSAIN, S/O.V.M.HUSSAIN,
                      ...  Petitioner

                        Vs



1. THE SENIOR MANAGER,
                       ...       Respondent

2. THE VILLAGE OFFICER, ERATTUPETTA VILLAGE

3. V.M.ANAZ, S/O.MUHAMMED KHAN,

                For Petitioner  :SRI.BABU CHERUKARA

                For Respondent  :SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :19/06/2008

 O R D E R
                        C.N.RAMACHANDRAN NAIR, J.
                   ....................................................................
                              W.P.(C) No.8476 of 2005
                   ....................................................................
                     Dated this the 19th day of June, 2008.

                                          JUDGMENT

The W.P. is filed for lifting attachment imposed by Revenue

Recovery authorities at the request of Dhanalakshmi Bank Ltd. The

petitioner’s case is that petitioner does not owe any liability to the Bank.

However, petitioner is the purchaser of property and the original property

owner is in debt. Naturally the property purchased will be subject to charge

and attachment can be lifted only on clearing the arrears. If petitioner or the

debtor offers payment, I am sure the Bank will grant incentives atleast in the

form of waiver of penal and default interest, provided arrears with contract

rate of interest are paid within a reasonable time. The petitioner is directed

to approach the Bank, clear the liability and get a certificate based on which

attachment will be lifted by the Revenue Recovery authorities.

C.N.RAMACHANDRAN NAIR
Judge
pms