IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 31386 of 2008(J) -------------------------- PETITIONER(S): --------------- KOCHU THRESSIA, AGED 70 YEARS, W/O.K.K.THOMAS, KALAPURACKAKL, P.O.MALA VADAMA VILLAGE, TRISSUR DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE TAHASILDAR, MUKUNDAPURAM TALUK, IRINJALAKUDA. 4. THE DY.TAHSILDAR, (REVENUE RECOVERY), MUKUNDAPURAM TALUK, IRINJALAKUDA. 5. VILLAGE OFFICER, VADAMA, THRISSUR DIST. GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 31386 OF 2008 J ```````````````````````````````````````````````````` Dated this the 17th day of November, 2008 J U D G M E N T Petitioner approached this court feeling aggrieved by a move to attach the movable properties of the petitioner for realising the amount due from her husband pursuant to Ext.P3. An order is sought to restrain the same. Case of the petitioner in brief is as follows. Petitioner is the owner of 70.25 cents of landed property with a house in it which was purchased in her name by her father(Ext.P1). Ext.P2 is the ownership certificate. Petitioner, her husband, their youngest son Simon, his wife and children are residing there. The petitioner's husband incurred arrears under the Abkari Act. Recovery steps are taken. The 5th respondent attached the movables which were auctioned in favour of one Joshy, S/o.Zakkariya as evident from Ext.P5 confirming the auction. The petitioner raised funds from her sons and purchased those movable properties except one Onida T.V. and washing machine from Sri.Joshi. Ext.P6 is produced as sale deed. According to the petitioner, the petitioner had bought one Akai TV, 3 steel almirahs, one steel table, 2 wooden setty, 2 wooden tables, WPC.31386/08 : 2 : 2 double coats, 2 single coats and one dining table with chairs with the funds she obtained from her sons. These movables are in her possession. Petitioner has approached this court seeking direction not to attach her movables. 2. I heard learned counsel for the petitioner and learned Government Pleader. Learned Government Pleader would contend that actually there was no attachment of the movables as of now. Steps are taken to recover the amount from her husband. If the movables of the petitioner are attached in terms of the decision of this court in M.S.Khadija Vs. Deputy Tahsildar (Revenue), Kottayam [1974 KLT S.N.3], it is open to the petitioner to raise claim against the attachment of her movables. Writ petition is disposed of directing that if the movables of the petitioner are attached, it will be open to the petitioner to move a claim before the officer who attached the movables in which event the officer will consider her claim and take a decision thereon in accordance with law before any further steps are taken. (K.M.JOSEPH, JUDGE) aks