IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 7440 of 2005(I) ------------------------- PETITIONER: ------------ ASHWATHY, AGED 24 YEARS, W/O. VINODKUMAR, AMBALATHUMVILA VEEDU, KALLUMOODU, AVANAVANCHERI, ELAMBA P.O., TRIVANDRUM. BY ADV. SRI.JACOB SEBASTIAN SRI.A.RASHID RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, TRIVANDRUM. 2. THE TAHSILDAR, CHIRAYINKIL, TRIVANDRUM. 3. THE SALES TAX OFFICER, CIRCLE NO.I, SALES TAX OFFICE, KOLLAM. 4. THE APPELLANT ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOLLAM. 5. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, KOLLAM. 6. SREEDHARAN, M.M. HOUSE, PATIA, VANJIYUR, ALANKODE P.O., ATTINGAL. BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7440/2005/I APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT. EXT. P2: COPY OF THE JUDGMENT DATED 25.02.2004 IN W.P.(C) NO.6059/2004. EXT. P3: COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER DATED 21-12-2004. EXT. P4: COPY OF THE STAY PETITION DATED 21-12-04. EXT. P5: COPY OF THE MEMORANDUM OF REVISION FILED BY THE PETITION DATED 22-12-04. EXT. P6: COPY OF THE STAY PETITION DATED 21-12-04. EXT. P7: COPY OF THE ORDER-DATED 28.10.2004 PASSED BY THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE JP C.N.RAMACHANDRAN NAIR, J. ------------------------------------------- W.P.(C).No.7440 of 2005 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The petitioner is challenging Ext.P7 order passed by the first respondent District Collector who has rejected the claim petition filed by the petitioner in respect of the attached property of the defaulter. 2. I have gone through the Ext.P7 order. Heard the contentions of the petitioner and respondents also. The defaulter is presently in jail in connection with the hooch tragedy. The first respondent has initiated revenue recovery proceedings against the defaulter for realising an amount of Rs.18 lakhs towards sales tax and penalty and Rs.20 lakhs towards exercise arrears. When recovery is initiated against his property, his wife, the petitioner herein filed a claim petition. However, it is admitted that she is not the owner of the property and she has no right in it. Her claim that she is residing in the property with children was found to be false by the first respondent. The second respondent has reported that no building is situated in the attached landed property. In the circumstances, I do not find WPC7440/2005 2 any ground to interfere with the recovery proceedings. The respondents are free to proceed with the attachment and sale for realisation of the sales tax and other arrears of the defaulter. The original petition is devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR, JUDGE csl