IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9401 of 2009(U) ------------------------------------- PETITIONER(S): ---------------------- R.VAMADEVAN, AGED 58 YEARS, S/O.RAGHAVAN, PRESENTLY RESIDING AT BIJU BHAVAN, OZHUKUPARA, POLACHIRA P.O., CHIRACKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE VILLAGE OFFICER, CHIRACKARA VILLAGE OFFICE, KOLLAM DISTRICT. 3. THE REVENUE RECOVERY TAHSILDAR, KOLLAM TALUK. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.9401 of 2009-U ---------------------------------------------- Dated, this the 24th day of March, 2009 J U D G M E N T The complaint of the petitioner is against the action of the respondents to attach the household utensils of the petitioner on the basis of proceedings against the petitioner's absconding son for recovery of court fine. 2. I heard learned counsel for the petitioner and learned Government Pleader. The case of the petitioner is that petitioner's son has no movables in the property. 3. When there is a recovery against a person, necessarily the Recovery Officer has every right to proceed against the defaulter's properties. However, disputes will arise as to whether the property belongs to him or somebody else. If attachment is made of the property of a person not liable, then as held in M.S.Khadija vs. Dy. Tahsildar (Revenue), Kottayam (1974 KLT SN 3) it is open to the person to raise a claim which must be investigated and order passed in accordance with law before further action is taken. I follow the said judgment and WPC No. 9401/2009 -2- dispose of the writ petition directing that should the Officers attach any movables of the petitioner, upon the petitioner filing objection to the same before the 3rd respondent, the 3rd respondent will consider the objection and take a decision on the same before any further action is taken. (K.M.JOSEPH) JUDGE. MS