IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 15488 of 2011(I) -------------------------- PETITIONER: --------------- MRS.RASHIDA, AGED 46 YEARS, W/O.V.A.ABDUL NAZAR, C.C.13/145, PANAYAPPILLI DESOM, RAMESWARAM, THOPPUMPADY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 682030 2. DEPUTY TAHSILDAR (R.R), KOCHI - 1 3. VILLAGE OFFICER, THOPPUMPADY VILLAGE OFFICE, THOPPUMPADY P.O., KOCHI - 682005 4. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY DISTRICT EXECUTIVE OFFICER, S.R.M.ROAD, KOCHI - 18. R4 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15488 of 2011(I) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1: TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY CORPORATION OF KOCHI DATED 7.6.11 ISSUED FOR PAYMENT OF PROEPRTY TAX. P2: TRUE PHOTOCOPY OF THE NOTICE DATED 26.7.08 ISSUED UNDER SECTION 34 OF REVENUE RECOVERY ACT ISSUED BY 2ND RESPONDENT. P3: TRUE PHOTOCOPY OF THE NOTICE DATED 26.7.08 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. P4: TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED ON 28.8.09 BY PETITIONER BEFORE THE 1ST RESPONDENT. P5: TRUE PHOTOCOPY OF THE RECEIPT DATED 31.8.09. P6: TRUE PHOTOCOPY OF THE RECEIPT DATED 16.9.09 P7: TRUE PHOTOCOPY OF THE RECEIPT DATED 6.10.09 FOR PAYMENT OF RS.3,500/- P8: TRUE PHOTOCOPY OF THE RECEIPT DATED 2.11.09. P9: TRUE PHOTOCOPY OF THE RECEIPT DATED 4.12.09. P10: TRUE PHOTOCOPY OF THE RECEIPT DATED 6.2.10. P11: TRUE PHOTOCOPY OF THE RECEIPT DATED 12.3.10 P12: TRUE PHOTOCOPY OF THE RECEIPT DATED 6.5.10 P13: TRUE PHOTOCOPY OF THE RECEIPT DATED 4.6.10. P14: TRUE PHOTOCOPY OF THE RECEIPT DATED 5.7.10 P15: TRUE PHOTOCOPY OF THE RECEIPT DATED 10.8.10 P16: TRUE PHOTOCOPY OF THE RECEIPT DT.9.9.09 P17: TRUE PHOTOCOPY OF THE RECEIPT DT.4.10.10. P18: TRUE PHOTOCOPY OF THE RECEIPT DT.7.12.10 P19: TRUE PHOTOCOPY OF THE RECEIPT DT.5.1.11 P20: TRUE PHOTOCOPY OF THE RECEIPT DT.11.2.11 P21: TRUE PHOTOCOPY OF THE RECEIPT DT.14.3.11 P22: TRUE PHOTOCOPY OF THE RECEIPT DT.20.4.11 P23: TRUE PHOTOCOPY OF THE RECEIPT DT.9.5.11 RESPPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.15488 of 2011-I. = = = = = = = = = = = = = Dated this the 29th June, 2011. J U D G M E N T The petitioner is challenging the apprehended coercive steps of seniority against the property belonging to her initiated pursuant to Exts.P2 and P3 notices issued for realising amounts due from her husband, who had defaulted contributions payable to the 4th respondent. 2. Contention of the petitioner is that the property wherein the residential building is situated absolutely belongs to her and that her property is not liable to be proceeded against for realising amounts defaulted by her husband. It is contended that the immovable and movables situated at the residence of the petitioner is not liable to be proceeded against. In a statement filed on behalf of the second respondent it is mentioned that steps were initiated against the defaulter and he had obtained instalment facility from the Government. It is further stated that WP(C).No.15488/2011-I. 2 certain amounts had already been paid on the basis of the instalment facility granted. It is mentioned that arrears are still due from the defaulter. 3. Since it is evident from Ext.P1 that the residential building stands in the name of the petitioner, there is prima facie merit in the contentions raised by the petitioner. It is evident that, against the apprehended coercive steps, the petitioner had filed objection before the first respondent as evident from Ext.P4. It is only just and proper in the interest of justice for the respondents to have an adjudication on the objection, before proceeding with any steps against the immovable property where the petitioner is residing. 4. In such circumstances, the writ petition is disposed of directing the petitioner to submit a copy of Ext.P4 objection before the 2nd respondent, along with a copy of this judgment, within a week from the date of receipt of a copy of this judgment. The 2nd respondent is WP(C).No.15488/2011-I. 3 directed to conduct a hearing regarding the objections raised and to arrive at a decision as to whether the property mentioned therein is liable to be proceeded against for realising the amounts due from the defaulter, which is sought to be recovered through Exts.P2 and P3. 5. Till such time a decision is taken on Ext.P4, the respondents should restrain from proceeding against any of the immovable and movable properties belonging to the petitioner, which is situated in the residential building wherein she is residing. C.K.ABDUL REHIM, (Judge) Kvs/-