S. VIJAYAMARTHANDAM Vs. DISTRICT COLLECTOR, RAMANATHAPURAM DISTRICT

JUDGEMENT

(1.) THIS Writ Appeal is filed against the order of the learned Single Judge, declining the request of the Appellant/Writ Petitioner, seeking a Writ of Mandamus to hand over the property, bearing D. No.13/3, North Street Ramanathapuram, which was attached for the Abkari dues payable to the State Government by Petitioner's deceased father, after receiving the dues with reasonable interest, from the Appellant/Writ Petitioner pursuant to his representation dated 4.9.2008.

(2.) LEARNED Single Judge dismissed the Writ Petition on the ground of laches, that is the property was attached on 29.11.1951 and the Petitioner has filed this Writ Petition in the year 2009. It is the case of the appellant that even though the property was attached in the year 1951, the property was not sold as on today and now the Appellant is willing to pay the amount with interest. The said fact is not disputed by the learned Special Government Pleader.

(3.) THE objection raised by the learned Special Government Pleader in this Appeal is that the Appellant has to pay the present market value of the property, which is under attachment, and the said amount works out to Rs. 8,32,340/ -, as per the Guideline value.