Leela . V.P vs. The District Collector
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942 WP(C).No.6517 OF 2021(L) PETITIONER/S: LEELA . V.P, AGED 60 YEARS, W/O. THATTARAMBATH PARANGODAN, PERMANENTLY RESIDING AT VALPARAMBIL HOUSE, PACHATTIRI P.O, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT/S: 1 THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM P.O, PIN - 676505. 2 THE TAHSILDAR, TIRUR TALUK OFFICE, TIRUR P.O, MALAPPURAM DISTRICT, PIN - 676101. 3 THE VILLAGE OFFICER, TANALUR VILLAGE, TANALUR P.O, MALAPPURAM DISTRICT, PIN - 676307. 4 THE STATE TAX OFFICER, TIRUR, STATE GST DEPARTMENT, MINI CIVIL STATION BUILDING, TIRUR P.O, MALAPPURAM DISTRICT, PIN - 676101. 5 ACCOMPLISH MARKETING PRIVATE LIMITED, TIRUR P.O, MALAPPURAM DISTRICT, PIN - 676101, REPRESENTED BY ITS MANAGING DIRECTOR. 6 JAYACHANDRAN, S/O. MUDIYERI VASU, OZHUR P.O, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676307. R1 TO R4 BY GP- SMT. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2 JUDGMENT Dated this the 15th day of March 2021 Heard learned Counsel for the petitioner. Learned Government Pleader takes notice for respondents 1 to
It is the case of the petitioner that the property covered by sale deed at Ext.P1 is the personal property of the 6th respondent, who is the Managing Director of the 5th respondent private limited company. The petitioner is alleging that the personal property of the 6th respondent is being sold for recovery of sales tax dues. The petitioner is contending that the property covered by the sale deed at Ext.P1 is under attachment of the Civil Court in a suit instituted by the petitioner and therefore the petitioner has filed a representation at Ext.P5 before
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3 the 1st respondent District Collector, Malappuram. The sale is scheduled to be held on 07.04.2021 and therefore, learned Counsel for the petitioner submits that the 1st respondent be directed to decide the representation at Ext.P5 submitted by the petitioner prior to 07.04.2021. 3. Learned Government Pleader oppose the petition, but contended that the representation if any filed by the petitioner shall be decided by the 1st respondent within a prescribed time frame granted by this Court.
In this view of the matter, the petition is disposed of with a direction to the 1st respondent to decide the representation by 30.03.2021. The petitioner to communicate this judgment to the 1st respondent and also to supply one additional copy of the representation at Ext.P5 to the 1st respondent for deciding the same according to the provisions of law.
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4 It is expected of the 1st respondent to grant opportunity of hearing to the petitioner before deciding the representation at Ext.P5. The writ petition is disposed of accordingly. A.M.BADAR JUDGE uu 16.3.2021
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5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF DOCUMENT NO.1440/2013 OF SRO TANUR DATED 5.4.2013. EXHIBIT P2 THEOF THE PLAINT IN OS NO.62/2017 OF MUNSIFF COURT, TIRUR, DATED 7.2.2017. EXHIBIT P3 THEOF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE SUB
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.