IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 OP.No. 16224 of 2002(F) ----------------------- PETITIONER(S): --------------- 1. MARIYAMMA THOMAS, AGED 75, W/O.LATE C.C.THOMAS, CHACKALAYIL HOUSE, PARAMPARAM KARA, MUTTUCHIRA VILLAGE, KOTTAYAM DISTRICT. 2. CYRIAC THOMAS, S/O.LATE C.C.THOMAS, CHACKALAYIL HOUSE, PARAMPARAM KARA, MUTTUCHIRA VILLAGE, KOTTAYAM DISTRICT. 3. JACOB THOMAS, S/O.LATE C.C.THOMAS, CHACKALAYIL HOUSE, PARAMPARAM KARA, MUTTUCHIRA VILLAGE, KOTTAYAM DISTRICT. 4. ROSAMMA AUGUSTHY, W/O.SOURIAR AUGUSTHY, MACHERIL HOUSE, KEEZHOOR P.O., MULAKKULAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE DEPUTY TAHSILDAR (RR), VAIKOM, KOTTAYAM DISTRICT. 3. THE ASST. EXCISE COMMISSIONER, KOTTAYAM. GOVERNMENT PLEADER SRI. M.R. SABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 16224 of 2002 ORDER ON C.M.P.NO.27524 OF 2002 IN O.P.NO.16224 OF 2002 CLOSED. 1.12.2008. SD/ S. SIRI JAGAN, JUDGE. EXT.P1: COPY OF ORDER DATED 15.10.2001 IN CMP NO.50158/2001 IN O.P.NO.30798/2001 OF THIS HON'BLE COURT. EXT.P2: COPY OF ORDER DATED 14.5.2002 ON CMP NO.21843/2002 IN O.P.NO.12863/2002 OF THIS HON'BLE COURT. EXT.P3: COPY OF MAHAZAR PREPARED BY R2 FOR THE ATTACHMENT OF THE MOVABLE ITEMS BELONGING TO THE PETITONERS 1 TO 3. EXT.P4: COPY OF THE MAHAZAR PREPARED BY R2 FOR THE ATTACHMENT OF THE MOVABLE ITEMS BELONGING TO R4. EXT.P5: COPY OF SALE NOTICE DATED 8.5.2002 ISSUED IN RESPECT OF MOVABLES ATTACHED FROM THE HOUSE OF THE PETITONERS 1 TO 3. EXT.P6: COPY OF THE SALE NOTICE DATED 8.5.2002 ISSUED IN RESPECT OF MOVABLES ATTACHED FROM THE HOUSE OF THE 4TH PETITIONERS. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.16224 OF 2002 ---------------------------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioners 1 to 3 are the legal heirs of one Sri. C.C. Thomas, who was an abkari licencee for the year 1993-1994. The 4th petitioner is a legal heir of Sri. Souriar Augusthy, who was a joint licencee with Sri. C.C. Thomas for the same period. The said Sri. C.C. Thomas and Sri. Augusthy had defaulted payment of abkari dues to the Government. After their death, the petitioners have been proceeded against for recovery of abkari dues due from the said Thomas and Augusthy. The petitioners grievance in this original petition is that they have not inherited any property from Thomas and Augusthy respectively and they would be liable for amounts due from Thomas and Augusthy only to the extent they have inherited properties of Thomas and Augusthy. According to them, in so far as the petitioners have not inherited any property from Thomas and Augusthy, they are not liable for payment of any amounts due from Thomas and Augusthy as abkari arrears for the year 1993-1994. The petitioners, O.P.No.16224/02 2 therefore, seek the following reliefs: “i. call for the records leading to Exts.P5 and P6 and quash the same by issuing a writ of certiorari or other appropriate writ,order or direction: ii. declare that the petitioners are not liable for the Abkari dues incurred by their late father stated in Ext.P3 to P6 since the petitioners have not inherited any of the properties of their late father” 2. Counter affidavits have been filed by respondents 2 and 3. In the counter affidavits, what they say is that as the legal heirs of Thomas and Augusthy, the petitioners are entitled to inherit properties of Thomas and Augusthy. But they do not specify which are the properties inherited by the petitioners from Thomas and Augusthy. It is settled law that the legal heirs are liable for debts due from the deceased only to the extent they inherit properties from the deceased. The respondents have not been able to furnish any details of any specific property, which have devolved by succession on the petitioners on the death of Thomas and Augusthy. In the above circumstances, the proceedings now initiated which are impugned in this original petition are quashed. It is declared that the respondents can proceed only O.P.No.16224/02 3 against those properties which the petitioners have inherited either from Thomas or from Augusthy. The original petition is allowed as above. S. SIRI JAGAN, JUDGE Acd O.P.No.16224/02 4