IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 4597 of 2010(Y) ------------------------- PETITIONER(S): --------------- K.R.JAYA, D/O KARTHYAYANI AMMA, AGED 39 YEARS, MOHANA SADANAM, KIDARAKKUZHY, VANGANOOR P.O., NOE RESIDING AT T.C. 26/690 (1) VANROSS JUNCTION, THIRUVANANTHAPURAM - 695001. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECOTR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, (REVENUE RECOVERY) TALUK OFFICE, NEYYANTINKARA, NEYYANTTINKARA P.O., THIRUVANANTHAPURAM. 3. THE ASSISTANT COMMISSIONER (ASSESSMENT) SALES TAX OFFICE, SPECIAL CIRCLE, THIRUVANANTHAPURAM. 4. K.S. SANAL, MOHANA SADANAM, KIDARAKKUZHY, VENGANOOR P.O., GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 4597 of 2010 --------------------------------------- Dated, this the 4th day of March, 2010 J U D G M E N T The petitioner is aggrieved of the recovery proceedings being pursued against the property in question, where the petitioner is having one half of the rights; whereas her husband, who is the defaulter is having only the remaining rights. It is contended that the rights and interests of the petitioner are not liable to be adversely affected by virtue of proceedings stated as being pursued for realisation of amount stated as due from the husband/the 4th respondent. 2. The learned counsel for the petitioner submits that the grievance projected in the Writ Petition has already been caused to be considered by filing Ext.P9 representation before the 1st respondent and that the same is still pending. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 1st respondent is directed to consider and pass appropriate orders on Ext.P9 in accordance with law, after giving an opportunity of hearing to the petitioner, which shall be finalised as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Further coercive steps shall be subject to such orders, so to be passed. This however shall not be WP(C) No.4597/2010 2 a bar for proceeding against the properties belonging to the 4th respondent/defaulter. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc