IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 26942 of 2008(G) --------------------------------------- PETITIONER(S): ------------------- ELSY, AGED 63, W/O LATE GEORGE, THANIPILLY HOUSE, KIZHAKECHALAKUDY, KIZHAKECHALAKUDY VILLAGE, MUKUNDAPURAM, TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, AYYANTHOLE, THRISSUR. 3. THE TAHSILDAR, MUKUNDAPURAM TALUK OFFICE, IRINJALAKKUDA P.O., THRISSUR DISTRICT. 4. THE VILLAGE OFFICER, KIZHAKECHALAKUDY, VILLAGE OFFICE CHALAKUDY P.O., MUKUNDAPURAM TALUK,THRISSUR DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 26942 OF 2008 (G) ==================== Dated this the 11th day of February, 2009 J U D G M E N T The grievance of the petitioner is that for realising the dues of her son Sri.Edison, the respondents are taking revenue recovery proceedings against the property of the petitioner, the mother. 2. Today, when the matter came up, learned Government Pleader sought to justify the proceedings taken against the properties of the petitioner on the ground that Sri.Edison, her son, is a defaulter towards the Motor Transport Workers Welfare Fund Scheme. 3. May be, the petitioner's son is a defaulter to the Motor Transport Workers Welfare Fund Board, but still such liability cannot be recovered from the properties belonging to the petitioner. If at all any amount is due from the defaulter, it is open to the authorities to proceed against the defaulter and realise the same. The writ petition is therefore disposed of directing that the properties belonging to the petitioner shall not be proceeded for realising the dues of her son Sri.Edison. ANTONY DOMINIC, JUDGE Rp