IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9812 of 2009(V) ------------------------- PETITIONER(S): --------------- ELIYAMMA GEORGE,W/O.LATE GEORGE,AGED 52 YEARS,KAVUKATTU HOUSE, MULAVOOR.PO, MUVATTUPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,DEPARTMENT OF REVENUE,GOVERNMENT SECRETARIAT,TRIVANDRUM-695001. 2. THE DISTRICT COLLECTOR,COLLECTORATE, ERNAKULAM,COCHIN-682030. 3. DEPUTY TAHSILDAR(RR),MUVATTUPUZHA. 4. VILLAGE OFFICER,VILLAGE OFFICE, MULAVOOR. 5. ELDHOSE.K.GEORGE,S/O.LATE GEORGE,AGED 28 YEARS,KAVUKATTU HOUSE, MULAVOOR.PO,MUVATTUPUZHA. NOW RESIDING AT CHARAKKATTIL HOUSE,MEKKADAMBU.PO, VALAKAM. BY GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 9812 OF 2009 V ```````````````````````````````````````````````````` Dated this the 27th day of March, 2009 J U D G M E N T Petitioner is the mother of the 5th respondent. The complaint is against the proceedings purported to be against the movable and immovable property of the petitioner pursuant to Ext.P2 notice for alleged debt which is due from the 5th respondent. 2. I heard learned counsel for the petitioner, learned counsel for the 5th respondent and learned Government Pleader. Learned Government Pleader submits that the proceedings is launched against the 5th respondent vide Ext.P2 and notice under section 34 of the Revenue Recovery Act is issued against the 5th respondent and there is no proceeding against the petitioner. In such circumstances, if petitioner's movables are proceeded against, as per the decision in M.S.Khadija Vs. Deputy Tahsildar (Revenue), Kottayam [1974 KLT SN 3], it is open to her to raise a claim which must be investigated and order must be passed thereon in accordance with law before further action is taken. WPC.9812/09 : 2 : Likewise, if any immovable property belonging to the petitioner is attached, the petitioner has a right to file claim under section 46. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE