IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6794 of 2005(H)
1. B.SWAMIKUTTAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR, PALAKKAD.
3. THE TAHSILDAR (RR), CHITTUR,
For Petitioner :SRI.V.N.RAMESAN NAMBISAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :17/10/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No.6794 of 2005
....................................................................
Dated this the 17th day of October, 2008.
JUDGMENT
The petitioner claims to be a creditor to the additional 4th respondent
whose property was notified for sale for recovery of arrears of sales tax.
Government Pleader reported that though some amount was remitted by the
petitioner, property was again notified for sale as balance arrears was still
due from the defaulter. Even though another person purchased the property,
he has not turned up to pay the full sale consideration. In the
circumstances, it is open to the defaulter or the petitioner to settle arrears
under amnesty scheme or otherwise, clear the arrears failing which property
will be notified again for sale for recovery of arrears of sales tax and if the
buyer wants to protect his interest, it is for him to clear the arrears or
otherwise, to bid for the property in Revenue sale. The W.P. is disposed of
as above.
C.N.RAMACHANDRAN NAIR
Judge
pms