IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5255 of 2005(A)
1. M/S. SAKTHI FINANCE LTD.,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. TAHSILDAR, TIRURANGADI.
3. K. ALAVI HAJI, S/O. KUNHALI,
4. K. MOHAMMED, S/O. ALAVI HAJI,
5. K. HANEEFA, S/O. ALAVI HAJI,
6. K.K. MOHAMMED SHAFI, S/O.KUNHIMOHAMMED
7. K. MUSTHAFA, S/O. K. ALAVI HAJI,
For Petitioner :SRI.P.SANTHALINGAM (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :26/09/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 5255 OF 2005
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Dated this the 26th day of September, 2008
JUDGMENT
Petitioner’s case is thsat petitioner has obtained decree against
respondents 3 to 7 who were in debt to the petitioner for the finance
provided by them for purchase of automobiles. However, it is not
known whether decree is executed by the petitioner before the civil
court. In any case, petitioner’s challenge against recovery proceedings
is not maintainable because arrears due to State can be recovered by
attachment and sale of defaulter’s property. If the petitioner had
obtained any attachment before judgment or attachment in execution
proceedings, then property would not have been sold in recovery
proceedings. In any case if petitioner has any charge over the property
sold, which has priority over the Crown debt, petitioner is given
freedom to file claim petition before the second respondent to consider
the same. W.P. is accordingly disposed of directing the second
respondent to consider petitioner’s claim over the Govt.’s dues and if
the petitioner has priority, then second respondent will release so much
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of the fund based on the priority accepted by him from the petitioner.
Second respondent will communicate his decision within two months
from the date of filing of claim petition by the petitioner.
(C.N. RAMACHANDRAN NAIR)
Judge
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