IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 30986 of 2008(L) ---------------------------------------------- PETITIONER(S): --------------------- SUHUDA RAJA, W/O.LATE V.K. RAJA,. AGED 55 YEARS, VELIYIL HOUSE, PADINJATTUM KARA, KUTHIYATHODU VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------- 1. THE DEPUTY TAHSILDAR (RR), CHERTHALA TALUK OFFICE, ALAPPUZHA. 2. THE VILLAGE OFFICER, KUTHIYATHODU VILLAGE, ALAPPUZHA DISTRICT. 3. THE MANAGER, DHANALAKSHMI BANK, KUTHIYATHODU BRANCH, ALAPPUZHA. 4. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU. R1. R2 & R4 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 30986 OF 2008 L -------------------------------------- Dated this the 24th October, 2008 JUDGMENT Petitioner is the mother of Mr. Mohammed Shine Raj and Mr. Mohammed Spice Raj. Apparently, it is submitted by the learned counsel for the third respondent, Dhanalakshmi Bank that they have availed loans from the Bank and there are arrears. According to petitioner, her sons have no right or interest over the property of the petitioner and she is the sole owner of the movables and immovable properties and she never stood as a guarantor also, and she is not a partner of the Firm of her sons. It is also stated that her sons are not residing with her. Petitioner had approached this Court earlier, culminating in Ext.P3 Judgment. This Court observed that in view of the intervening developments, in case she has any grievance left, she may approach the District Collector. Petitioner has approached the District Collector. No doubt, the property of the petitioner cannot be proceeded against. It is stated that no decision has WPC. 30986/08 L 2 been taken on Ext.P4. I heard the learned Government Pleader also. The Writ Petition is disposed of directing the fourth respondent District Collector to consider and take a decision on Ext.P4 in accordance with law, with opportunity of hearing to the petitioner and the third respondent, within a period of three weeks from the date of receipt of a copy of this Judgment. Till such time as a decision is taken as aforesaid, it is ordered that the recovery steps against the properties of the petitioner will be kept in abeyance. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge