STATE OF KERALA MESSRS MOTOR AND GENERAL FINANCE LIMITED Vs. MOTOR AND GENERAL FINANCE LTD:THE STATE OF KERALA

JUDGEMENT

(1.) In our view these appeals should be disposed of in the manner stated below. Counsel for the parties also agreed to this.

(2.) The direction given by the High Court in the writ appeals for filing fresh petitions before the Tehsildar objecting to the attachment of the 31 chassis will have to be followed. Two petitions in pursuance of the said direction, as stated at the Bar, have already been filed before the Tehsildar. One of them has been disposed of by him and a revision before the Board is pending. On the disposal of the other a revision may be filed before the Board. The Board shall try to dispose of the revision petitions as soon as possible.

(3.) Counsel for the State of Kerala submitted, and in our opinion, rightly that invoking the writ jurisdiction of the High Court in the matter of attachment of the chassis is not the proper remedy. The remedy available in law to the aggrieved party is one of instituting a suit in a proper court. The aggrieved party, therefore, after the fresh disposal of the matter by the Tehsildar and the Board will, if necessary, institute a suit or suits to establish its right or claim to the chassis or to the attachment or sale thereof.