BETTY M JOSEPH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner was an accused in a case filed by the 4 th respondent under Section 138 of the Negotiable Instruments Act before the Judicial First Class Magistrate Court Irinjalakuda in the year 2008. It is stated that the learned Magistrate had initiated steps against the petitioner under Section 82 and 83 of Cr.PC and subsequently it was listed as LPR No.161/2009. Consequent to this petitioner's property having an extent of 2.67 Ares in Survey No.413/105-2 of Angamaly village was attached by the District Collector and attachment order no.M6- 65703 was issued. It is stated that the 4 th respondent withdrew the complaint -LPR 161/2009 consequent to settlement arrived at between petitioner and the 4th respondent. The learned Magistrate thereupon acquitted the petitioner on 24.11.2020 as per Ext.P1 judgment.

(2.) Thereafter petitioner submitted Ext.P2 petition dated 29.11.2020 before the 1st respondent requesting for lifting the attachment of his property as he was in immediate need of funds. The petitioner filed this Writ Petition pointing out that the District Collector is not taking any action.

(3.) The learned Government Pleader on instructions from the 1st respondent submits that an order from the Court in which LPR No.161/2009 was pending is required for lifting the attachment. However it is pointed out that petitioner has to move the Government as the property is at the disposal of the government after years of attachment.