IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 24000 of 2008(F) -------------------------- PETITIONER(S): --------------- 1. N.KOMALAM @ KOMALAVALLY AMMA, PADINJAREKOCHIYIL PERUNNA PO., CHANGANASSERY. 2. B.SOMASEKHARAN, ADVOCATE MIDHILA CHERTHALA 3. B.CHANDRASEKHARAN, PADINJAREKOCHIYIL PERUNNA PO., CHANGANASSERY. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.-695001. 2. EXECUTIVE ENGINEER, KUTTIADY IRRIGATION PROJECT DIVISION, PERAMBRA , PIN.673 525. 3. DISTRICT COLLECTOR, KOTTAYAM-686002. 4. TAHSILDAR, TALUK OFFICE, CHANGANACHERRY PIN-686101. 5. DEPUTY TAHSILDAR (RR), TALUK OFFICE, CHANGANASSERY, PIN-686 101. 6. VILLAGE OFFICER, VILLAGE OFFICE PERUNNA PO., CHANGANASSERY, PIN-686 102. 7. SPECIAL TAHSILDAR, LAND ACQUISITION (NATIONAL HIGHWAY) CHANGANASSERY, PIN-686101. BY GOVT PLEADER SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.24000/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE DEATH CERTIFICTE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, CHANGANASSERY MUNICIPALITY. EXT.P2: TRUE COPY OF THE NOTICE DATED 5.5.2007. EXT.P3: TRUE COPY OF THE NOTICE DATED 5.5.2007. EXT.P4: TRUE COPY OF THE LAWYER'S NOTICE DATED 25.6.2007. EXT.P5: TRUE COPY OF THE LETTER NO.E4.4286/87 DATED 12.7.2007 OF THE 2ND REPSONDENT. EXT.P6: TRUE COPY OF THE G.O.(RT).NO.1106/2001/IRRN, DATED 27.10.2001. EXT.P7: TRUE COPY OF THE LETTER NO.MISC.4/06-07/D4 DATED 12.7.2007 OF THE 2ND REPSONDENT. EXT.P8: TRUE COPY OF THE LAWYER NOTICE DATED 1.9.2007. EXT.P9: TRUE COPY OF THE NOTICE OF AWARD NO.B4-427/08/(64) DATED 30.6.2008. EXT.P10: TRUE COPY OF THE PARTITION DEED NO.1627/70 OF THE SUB REGISTRAR'S OFFICE, CHANGANASSERY. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.24000 OF 2008 ------------------------------------------- Dated this the 10th day of February, 2009 JUDGMENT 1. The first petitioner's husband Bhaskaran Nair served the Government and retired from service on 31.5.1975. He died on 1.5.1993. It appears that the Government has certain claims against him. Revenue Recovery proceedings have been initiated. It is pointed out that the recovery, if any, could be only as against the estate of late Bhaskaran Nair. It is also pointed out that the Revenue Recovery proceedings itself is time barred. 2. What is exhibited is a notice under Section 34 of the Revenue Recovery Act in relation to miscellaneous claims of 2007. Whatever be the claim of the Government against the estate of Bhaskaran Nair, that cannot be enforced against the petitioners personally or against the properties which cannot be identified as those referable to the estate of late Bhaskaran Nair. This is an issue where the District Collector has to take WPC.24000/08 Page numbers a decision. It will also be open to the petitioners to contend before the District Collector that the Revenue Recovery proceedings itself is time barred in terms of law. 3. For the aforesaid, this writ petition is ordered directing that the objections of the petitioners, which will be filed before the District Collector within one month from today, shall be considered and disposed of in accordance with law and until then, the impugned proceedings will stand suspended. It is also directed that if the land acquisition award amounts are not referable to the estate of late Bhaskaran Nair, such amounts shall be released on production of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/2.