IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 25787 of 2010(W) -------------------------- PETITIONER(S): --------------- V.K.NABEESA,W/O.LATE YAHIYA, FF6,FLAT NO.28,VASANTHA NAGAR, KALOOR, KOCHI-682028. BY ADV. SRI.A.B.JALEEL SRI.P.H.SHAJI (THRIKKAKARA) RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR(RR), KANAYANNOOR TALUK,ERNAKULAM-682011. 2. REVENUE INSPECTOR,R.I.NO.3,POONITHURA VILLAGE OFFICER,KANAYANNOOR TALUK, POONITHURA,PIN-682019. 3. STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER,HIGH COURT OF KERALA, ERNAKULAM. G.P.SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 25787 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of September, 2010 JUDGMENT Grievance of the petitioner is that respondents are now taking steps to attach movables belonging to her, situated in the house wherein she is residing, for realizing amounts due from the son of the petitioner, pursuant to a revenue recovery proceedings initiated on issuing Ext.P1 notice. 2. In Ext.P1 it is evident that the son of the petitioner is the defaulter with respect to amounts due under an award passed by the Motor Accidents Claims Tribunal, Thrissur. Steps for recovery has been initiated against the petitioner's son for realizing an amount of Rs.21,950/- with interest due thereon. According to the petitioner, she is now residing in a rented flat and that the movables contained therein belongs to her and those movables are not liable to be proceeded against. W.P.(C) No. 25787/2010 2 3. If the respondents are taking any steps against properties which are not liable to be proceeded against, it is for the petitioner to object such action by raising claim before the authority concerned under the Kerala Revenue Recovery Act. The said statutes provides remedy by way of adjudication with respect to any such claims. Therefore, I am of the opinion that the petitioner can be relegated to the authority concerned. 4. In the result, the writ petition is disposed of directing the petitioner to submit objections against the proposed action for attachment or sale of properties belonging to her, to the 1st respondent. If any such objection is received within a period of seven days from today, the 1st respondent shall enquire and take a decision thereon, after affording an opportunity of personal hearing to the petitioner. Needless to say that further proceedings against properties which are situated at the place of residence of the petitioner shall only be pursued subject to result of such decision. W.P.(C) No. 25787/2010 3 5. It is made clear that this will not stand in the way of the respondents proceeding against properties belonging to the defaulter, except the movables situated in the residence of the petitioner. C. K. ABDUL REHIM, JUDGE. mn.