IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 26951 of 2009(L) --------------------------------------- PETITIONER(S): ----------------------- LATHIKABHAI, D/O LATE BHARGAVI AMMA, AGED 50, M.L. NIVAS, KAIPETTIMUKKU, AVANAVANCHERY P.O., ATTINGAL, THIRUVANANTHAPURAM. BY ADV. MR.R.T.PRADEEP MR.V. VIJULAL. RESPONDENT(S): ------------------------ 1. DEFENCE PENSION DISBURSING OFFICER, DEFENCE PENSION DISBURSING OFFICE, THIRUMALA P.O., THIRUVANANTHAPURAM-6. 2. DISTRICT COLLECTOR, COLLECTORATE, KODAPPANAKUNNU. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, CHIRAYINKEEZHU. 4. VILLAGE OFFICER, VILLAGE OFFICE, AVANAVANCHERY, ATTINGAL. R2 TO R4 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN. R1 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26951/2009-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEATH CERTIFICATE DATED 17/01/2007. EXT.P2: COPY OF THE ORDER DATED 08/07/2008 OF 1ST RESPONDENT. EXT.P3: COPY OF THE REPLY DATED 16/07/2008. EXT.P4: COPY OF THE NOTICE DATED 23/01/2009. EXT.P5: COPY OF THE NOTICE DATED 23/01/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.26951 OF 2009 ------------------------------ Dated this the 23rd day of November, 2009 J U D G M E N T ---------------------- 1. It is submitted on behalf of the Assistant Solicitor General appearing for the 1st respondent that, they are taking steps to withdraw the revenue recovery requisition because it is found that the petitioner had not inherited with any estate of the deceased mother, who had received the alleged excess pension. 2. The above submission is recorded and the writ petition is disposed of directing the respondents to refrain from any further steps of recovery pursuant to Ext.P4 and P5. C.K.ABDUL REHIM, JUDGE. okb