IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 3109 of 2011(K) -------------------------------- PETITIONER(S): ------------------- SIVANANDAN.M.K AGED 56 YEARS, S/O.KOCHU KITTAN, KALLUPARAMBIL HOUSE,.KARINILAM PO, AMARAVATHI, MUNDAKKAYAM, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): -------------------- 1. THE TAHSILDAR KANJIRAPPALLY TALUK OFFICE, KANJIRAPPALLY PO KOTTAYAM DISTRICT 686 507. 2. THE VILLAGE OFFICER ERUMELY NORTH VILLAGE OFFICE, MUNDAKKAYAM P.O., KOTTAYAM DISTRICT 686 500. BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.3109 of 2011 ------------------------------------------- Dated this the 9th day of February, 2011 J U D G M E N T ---------------------- Grievance of the petitioner is that the respondents 1 and 2 are threatening with coercive steps for attachment of movables and immovables in the house of the petitioner, based on a revenue recovery proceedings initiated against the son of the petitioner, who is at present in Gujarat. According to the petitioner, he is residing in a property upon which he derived title by virtue of Ext.P1 Patta and he is in exclusive possession and enjoyment of the property by paying land tax as evidenced from Ext.P2. It is the further contention that all the movables situated in the residential building belongs to the petitioner. Contention of the petitioner is that neither the movable nor the immovable property is liable to be proceeded against, for realising any amount due from the son of the petitioner. W.P.(C).3109/11 -2- 2. The issue basically pertains to a claim or objection with respect to proceedings initiated under the Revenue Recovery Act. The petitioner has got remedy as provided under the statute to raise objection or to make claim before the appropriate authority, who is the 1st respondent. Therefore I am of the view that the writ petition can be disposed of relegating the petitioner to such authority. 3. If the petitioner makes any objection/claim before the 1st respondent raising dispute against the alleged proceedings initiated for attachment and sale of the movables and immovables belonging to him, within a period of two weeks from the date of receipt of a copy of this judgment, the 1st respondent shall consider the same and take appropriate decision, if necessary after affording an opportunity of hearing to the petitioner. 4. Needless to say that till such time a decision is taken on the matter, further steps for attachment of any movables or immovables belonging to the petitioner shall not be proceeded against. W.P.(C).3109/11 -3- 5. However, it is made clear that the above direction will not stand in the way of the respondents taking any effective steps of recovery against the properties if any belonging to the defaulter son. Sd/- C.K.ABDUL REHIM, JUDGE. okb True copy P.A to Judge