High Court of KeralaWP(C)/39333/2015disposed of

Manoj C v. Recovery Officer

2015-12-23Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39333 of 2015 (N) ---------------------------- PETITIONERS :

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1. MANOJ C., T.C. 41/414, NEDUMCODEPUTHENVEEDU KURYATHI, MANACAUD P.O., THIRUVANANTHAPURAM DISTRICT PIN - 695 009.

2. ANITHA G., W/O. MANOJ C., T.C. 41/414, NEDUMCODEPUTHENVEEDU KURYATHI, MANACAUD P.O., THIRUVANANTHAPURAM DISTRICT PIN - 695 009.

BY ADVS.SRI.V.VARGHESE SRI.JELSON J. EDAMPADAM RESPONDENT(S) :

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1. THE RECOVERY OFFICER RANGE - I, INCOME TAX DEPARTMENT AAYAKAR BHAVAN, KOWDIAR - 695 003.

2. THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR CHALA, THIRUVANANTHAPURAM - 695 036.

3. P. JAGANTHAN S/O. PARAMESWARAN PILLAI NANDARAVILAKATHU VEEDU T.C. 49/939 CHIRAMIUKKU ROAD KALIPPANKULAM, MANACAUD P.O., THIRUVANANTHAPURAM DIST. - 695 009.

R1 BY ADV. SRI.K.M.V.PANDALAI, SC R2 BY GOVT. PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 39333 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE SALE DEED NO. 1097/2012 DATED 12.4.2012 OF CHALAI SUB REGISTRY, THIRUVANANTHAPURAM DISTRICT.

EXT.P2 COPY OF THE SALE DEED NO. 150/08 DATED 14.01.2008 OF CHALAI SUB REGISTRY, THIRUVANANTHAPURAM DISTRICT.

EXT.P3 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 22.5.2012 IN RESPECT OF 1.15 ARES OF PROPERTY OF MANACAUD VILLAGE IN SY.NO.1740/A/1 FOR THE PERIOD FROM 1.1.1994 TO 21.5.2012 ISSUED BY THE 2ND RESPONDENT.

EXT.P4 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 28.6.2012 ISSUED BY THE 2ND RESPONDENT.

EXT.P5 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 9.6.2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P6 COPY OF THE STATUTORY OBJECTION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT UNDER RULE 11 OF THE 2ND SCHEDULE TO THE INCOME TAX ACT, 1961.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.39333 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December 2015

JUDGMENT

The petitioner, whose property has been attached in terms of the provisions of the Income Tax Act, has preferred an objection before the 1st respondent with a prayer to lift the attachment over the property. The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P6 objection expeditiously, after hearing the petitioner.

2. I have heard the learned counsel for the petitioner as also the learned standing counsel for the Income Tax department. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P6 objection, filed by the petitioner, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. Petitioner shall produce a copy of this writ petition along with the copy of this judgment, before the 1st respondent, for further action.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/