IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5971 of 2008(J) -------------------------------------- PETITIONER: ------------------ FATHIMABEEVI , W/O. MUHAMMEDKUNJU, AGED 55 YEARS, KANNITTAYIL KAMBIVALAPPIL, KAKKAZHAM P.O. AMBALAPUZHA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ------------------------- 1. THE TAHSILDAR (RR), AMBALAPUZHA 2. THE VILLAGE OFFICER, AMBALAPUZHA. 3. THE FEDERAL BANK, AMBALAPUZHA BRANCH, REP. BY ITS MANAGER. BY GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 5971 of 2008 -------------------------- Dated this the 20th February, 2008 J U D G M E N T Petitioner challenges Exhibit P4 order passed by the Tahasildar, holding that the movables kept in the house belonging to the petitioner and which prima facie should be treated as belonging to the petitioner is nevertheless available for distraint in the course of proceedings under the Revenue Recovery Act initiated against the petitioner's son, who is a defaulter. Prima facie the view is incorrect. But in circumstances where the petitioner has an efficacious remedy against Exhibit P4 under the Revenue Recovery Act, it is open to the petitioner to avail the same. In the result, the writ petition is disposed of permitting the petitioner to file a revision against Exhibit P4 before the revisional authority under the Revenue Recovery Act. To enable him to efficaciously pursue such remedy, further proceedings pursuant to Exhibits P2 and P4 shall be kept in abeyance in so far the movables kept in the house belong to the petitioner and covered by Exhibit P1 document of title is concerned, for a period of three months. (V.GIRI, JUDGE) ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007