K T KUNJUMON Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) W. P. (C).35980/05 is filed seeking stay of recovery proceedings against the petitioner's property mentioned in Exts. P1 to P4 therein. The request made by the petitioner was that he may be permitted to have a private sale of the property and that his application for stay filed before the Settlement Commission under the Industrial Disputes Act is not being considered for want of quorum. Thereafter, I. A. 2054/06 was filed in W. P. (C).35980/05 seeking stay of the proceedings evidenced by Ext. P6 therein, which is a notice for setting the sale proclamation, issued on 24.1.2006. When that I.A. came up for consideration on 7.2.2004, the matter was adjourned to be listed in the first week of March in view of the direction that was already issued in W. P. (C).35960/05 on 16.1.2006. In the mean while, the petitioner filed W. P. (C) 5248/06 challenging the further steps taken by the department by issuance of proclamation of sale dated 8.2.2006, which is Ext. P5 in W. P. (C).5248/06. As of now, the sale is scheduled to be held on 22.3.2006, which means that under the second schedule of the I.D. Act, there will be another 30 days thereafter for the sale to be confirmed. If there is any bonafides in the request of the petitioner for time to settle the outstandings, for which he had sought for time till November, 2005, there will be ample opportunity for the petitioner to wipe off the outstandings and avert the sale being confirmed against his interest. In the aforesaid circumstance, I do not find any ground to interfere) with the impugned proceedings and issue any direction. These writ petitions fail and are accordingly dismissed.