IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 36055 of 2008(P) -------------------------- PETITIONERS: --------------- 1. K.A.AVARACHAN, AGED 70 YEARS S/O.ANTONY, KANNAMPUZHA HOUSE, KALIYAR PO, VANNAPURAM, THODUPUZHA, IDUKKI DISTRICT. 2. MARY AVARACHAN, W/O.K.A.AVARACHAN, AGED 60 YEARS KANNAMPUZHA HOUSE, KALIYAR PO, VANNAPURAM, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE IDUKKI DISTRICT. 3. THE SALES TAX OFFICER, SECOND CIRCLE, THODUPUZHA ,IDUKKI DISTRICT. 4. DEPUTY TAHSILDAR, (RR) THODUPUZHA, IDUKKI DISTRICT. 5. THE VILLAGE OFFICER, VILLAGE OFFICE, VANNAPPURAM. 6. K.A.SAJEEV, C/O. SHIJO DOMINIC 32/749-A, PIPELINE JUNCTION, THAMMANAM ROAD PALARIVATTOM, ERNAKULAM ,COCHIN 682 025. BY GOVERNMENT PLEADER ADV. MR. V.K. SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No.36055 OF 2008 ......................................................................... Dated this the 4th June, 2009 J U D G M E N T The petitioners are challenging the coercive proceedings pursued by the respondents under the Kerala Revenue Recovery Act, in furtherance to the steps to realise the amount due from the 6th respondent, who is none other than the son of the petitioners, reportedly on the basis of the fact that the first petitioner happened to be a surety to the 6th respondent. 2. The 4th respondent has filed a counter affidavit wherein it has been stated that no revenue recovery proceedings are pending as on date. (Paragraph No.2). In the above circumstances, the above statement is recorded and the matter is disposed of, with liberty to the petitioners to challenge the action, if any, pursued against them, as and when necessitated, of course, in accordance with law. P.R. RAMACHANDRA MENON, JUDGE. lk