IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 2133 of 2011(N) -------------------------------------- PETITIONER(S): ----------------------- GEORGE T.V., AGED 61, SON OF MR.V.T. THOMAS, GEO BHAVAN, XII/175, VAZHAKKALA, KAKKANAD (PO), ERNAKULAM DISTRICT, PIN - 682 030. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. PIN - 695 001. 2. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD (PO), PIN - 682 030. 3. DEPUTY TAHSILDAR, (REVENUE RECOVERY), OFFICE OF THE KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682 011. 4. VILLAGE OFFICER, VAZHAKALA VILLAGE, ERNAKULAM, PIN - 682 030. R1 TO R4 BY SR.GOVT. PLEADER MR.MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.2133 of 2011 ------------------------------------------- Dated this the 21st day of January, 2011 J U D G M E N T ---------------------- Grievance of the petitioner is that the movable and immovable properties belonging to him is being proceeded against on the basis of the revenue recovery steps initiated for realising amounts due from his wife, Mrs.Thankamma George, who is defaulter in payment of compensation awarded by the Motor Accidents Claims Tribunal, Ernakulam in OP(MV) No.154/98. Contention of the petitioner is that the immovable property belonging to him is in no way liable to be proceeded against for realisation of arrears due from the defaulter. In this regard the petitioner had submitted Ext.P2 objections before the 2nd respondent. Grievance of the petitioner is that now coercive steps of recovery by attachment of movables and immovables is being threatened, without considering Ext.P2 application. 2. From the facts and circumstances it is evident that the claim raised by the petitioner relates to release of properties which are proceeded against under the provisions of the Kerala Revenue Recovery Act, 1968, or objection against the proceedings initiated with respect to the property which is not liable. Going by the provisions contained in the Kerala Revenue Recovery Act, the competent authority vested with power to W.P.(C).2133/11 -2- resolve such dispute is the 3rd respondent. Under such circumstances I am of the view that the matter can be disposed of with necessary directions to the 3rd respondent. 3. Accordingly the writ petition is disposed of directing the petitioner to submit copy of Ext.P2 petition before the 3rd respondent and the 3rd respondent is directed to consider the same and to take appropriate decision, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. 4. Till such time orders are issued by the 3rd respondent as directed above, movable and immovable properties of the petitioner shall not be proceeded against for realising the amounts due. However, it is made clear that this will not prevent the authorities from proceeding against the properties if any belonging to the defaulter, who is the wife of the petitioner. C.K.ABDUL REHIM, JUDGE. okb