IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 OP.No. 13086 of 2002(G) ----------------------- PETITIONER: ------------ K.L.FRANCIS S/O.LAZAR,KURIAMPARAMBIL HOU SE,NO.6/416,MUSEUM CROSS ROAD,CHEMBUKAVU, THRISSUR-20 BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: ------------- 1. THE UNION OF INDIA,REPRESENTED BY ITS SECRETARY,DEPARTMENT OF FOREIGN AFFAIRS, NEW DELHI 2. ASSISTANT DIRECTOR,ENFORCEMENT DIRECTORATE,GOVERNMENT OF INDIA,CALICUT-1 3. DEPUTY TAHSILDAR (R.R),THRISSUR. R1&2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R3 BY G.P. SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.22087/2002 IN OP NO.13086/2002 DISMISSED: 1.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: R.R. DEMAND NOTICE DT.30.3.02 ISSUED BY R3. RESPONDENT'S EXHIBITS: R2(a): TRUE COPY OF ADJUDICATION ORDER DT.4.8.97 ISSUED BY R2. R2(b): TRUE COPY OF LETTER DT.5.1.99 OF THE WILLY'S(INDIA) MERCANTILE(P) LTD. ISSUED TO R2. R2(c): TRUE COPY OF NOTICE DT.21.9.2001 OF R2. R2(d): TRUE COPY OF LETTER DT.11.2.02 ISSUED BY R2 TO THE DISTRICT COLLECTOR, TRICHUR. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.13086 of 2002 .................................................................... Dated this the 1st day of January, 2008. JUDGMENT The petitioner is challenging Ext.P1 recovery proceedings which is issued against the petitioner's brother. Recovery has to be against the property of the defaulter and not against the petitioner merely because he is brother of the defaulter. The petitioner can produce title deeds before the third respondent for him to exclude petitioner's property from recovery. The third respondent will identify the property of the defaulter and recover the arrears by sale of the same. The O.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms