IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29140 of 2009(J) -------------------------- PETITIONER: --------------- RAMEES BABU AGED 21 YEARS, S/O.ABDUL AZEEZ, RESIDING AT PARAKKOTTU HOUSE, UPPUKULAM, ALANALLOOR, PALAKKAD DISTRICT. BY ADVS. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE PALAKKAD. 2. DEPUTY TAHSILDAR (RR) TALUK OFFICE, MANNARKKAD. 3. YASAR ARAFATH, S/O.ABDUL KHADER RESIDING AT PARAKKOTTU HOUSE, UPPUKULAM, ALANALLOOR, PALAKKAD DISTRICT. 4. MANOJ, S/O. DIVAKARAN MUNDATHADATHIL VEEDU, KODIYANKUNNU, EDATHANATTUKARA,MANNARKKAD TALUK. 5. P.ABDUL AZEEZ, S/O.UNNIPPU, PARAKOTTU HOUSE,UPPUKULAM, ALANALLUR,MANNARKKAD TALUK. R1 & R2 BY GOVT. PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29140 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2009 J U D G M E N T 1. Grievance of the petitioner is that the immovable property purchased by him by virtue of Ext.P1 sale deed has been proceeded against for realisation of amounts due from respondents 4 & 5, pursuant to notice issued as per Ext.P2 under the provisions of the Kerala Revenue Recovery Act. According to the petitioner the recovery steps is initiated for realisation of amounts due to the 3rd respondent from respondents 4 & 5 by virtue of an award of the Motor Accident Claims Tribunal, Ottappalam. Contention of the petitioner is that purchase of the property by the petitioner under Ext.P1 was much prior to the date of the award. It is noticed that the 5th respondent, one of the transferors of the property, is none other than the father of the petitioner. Ext.P2 is a notice issued prior to attachment of the land under the provisions of Section 34 of the Revenue Recovery W.P.(C)No. 29140 of 2009 -2- Act. It is noticed that as per Section 46 of the Kerala Revenue Recovery Act, 1968, any person other than the defaulter who is having any interest on the immovable property sought to be attached, can raise objection against such attachment proposed, and on receipt of any of such objection the authorised officer is bound to adjudicate upon the same. Therefore the petitioner is at liberty to move before the appropriate authority under Section 46 with a claim petition/objection, against the proposed attachment. Needless to say that the authority is bound to consider such claim before proceeding with further steps. 2. Under the above circumstances the writ petition is disposed of directing the petitioner to approach the 2nd respondent with a claim petition as provided under Section 46 within a period of three weeks from today and if any such claim petition is received by the 2nd respondent, the same shall be adjudicated after affording an opportunity of hearing to the petitioner and to dispose of the same within two months from the date of receipt of such petition. The W.P.(C)No. 29140 of 2009 -3- respondents 1 & 2 are directed to keep in abeyance further coercive steps of recovery till a decision is take on the claim petition if any filed by the petitioner as directed above, within the time stipulated. C.K. ABDUL REHIM JUDGE shg/