IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6543 of 2008(D)
1. NINANS INDUSSTRIAL AND TECHNOLOGICAL
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE AUTHORIZED OFFICER
3. NINANS EDUCATIONAL TRUST,
For Petitioner :SRI.TOM K.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 6543 OF 2008 D
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Dated this the 26th day of February, 2008
J U D G M E N T
Petitioner contends that for realising the debts of the 3rd
respondent, revenue recovery proceedings were initiated and that
properties belonging to the petitioner have been attached by
Ext.P4. It is submitted that following the attachment, the
petitioner had filed Ext.P5 claim petition invoking the power of
the 1st respondent under Section 46 of the Revenue Recovery
Act. In this writ petition, the relief sought for is essentially for
expediting orders on Ext.P5 claim petition keeping in abeyance
further proceedings pursuant to Ext.P4.
2. Having heard the counsel for the petitioner and also
the learned Government Pleader on this, I am satisfied that the
petitioner is entitled to the aforesaid relief.
3. Accordingly, I dispose of this writ petition directing
that the 1st respondent shall take up and consider Ext.P5. This
WPC 6543/08
:2 :
shall be done, as expeditiously as possible, at any rate within six
weeks of production of a copy of this judgment. It is also
directed that in the meanwhile, further proceedings pursuant to
Ext.P4 shall be deferred for a period of eight weeks from now.
Petitioner shall produce a copy of this judgment before the
2nd respondent for compliance.
Writ petition is disposed of.
ANTONY DOMINIC,JUDGE.
Rp