IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 2215 of 2011(B) ------------------------- PETITIONER(S): --------------- HASEENA,AGED 36 YEARS,D/O.A.M.SALAM, 904,VRINDAVAN APARTMENTS,PALACE ROAD, TRICHUR-680 001. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR(R.R), KERALA FINANCIAL CORPORTION,SMART CENTRE, KOKKALA,TRICHUR-21. 2. THE SUB INSPECTOR OF POLICE, THRISSUR POLICE STATION,THRISSUR-680 001. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR ADDL.R-3 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2215 OF 2011(B) -------------------------------------------------- Dated this the Ist day of February, 2011 J U D G M E N T According to the petitioner, by virtue of Ext.P1 agreement of lease, she has taken on lease Apartment No.904-D(door No.XXVI/660/37) of Trissur Municipal Corporation, on the 9th floor of an apartment complex called Vrindavan Palace. 2. It is stated that her husband Sri. A.M. Salam was the Director of a company by name Star Refineries Limited, which had availed of financial assistance from the additional 3rd respondent. According to the petitioner, to realize its dues, the KFC has initiated revenue recovery proceedings and that in pursuance to the above, the respondents have initiated proceedings against the movable properties in the apartment where the petitioner is residing. It is thereupon that this writ petition is filed. 3. The contention raised by the counsel for the petitioner is that the apartment is a fully furnished apartment taken on lease and the movable properties which are enumerated in Ext.P1 lease deed are that of land lord. It is stated that even if it is assumed WPC.No. 2215/2011 :2 : that the revenue recovery proceedings are to be initiated, such revenue recovery proceedings cannot be taken against the properties belonging to the land lord or those belonging to the petitioner herself. 4. I heard the counsel appearing for the respondents. If the petitioner is not a defaulter to the 3rd respondent, revenue recovery proceedings cannot be initiated against the properties of the petitioner or her land lord. A direction is so issued. Writ petition is disposed of. (ANTONY DOMINIC) JUDGE vi/