IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 1088 of 2001(D) ------------------------------- PETITIONER: ----------------- P.K. PANKAJAMMAL, LAKSHMIVILASOM, ARYANKAVU, QUILON DIST., PIN- 69 1316. BY ADV. SRI.P.PARAMESWARAN NAIR SMT.SREELATHA PARAMESWARAN NAIR RESPONDENTS: --------------------- 1. THE TAHSILDAR, TALUK OFFICE, PATHANAMTHITTA. 2. VILLAGE OFFICER, VILLAGE OFFICE, ARYANKAVU P.O., QUILON DIST. BY THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 1757/2001 IN OP NO. 1088/2001 D. DISMISSED 22/02/2008. SD/- C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF TAX. EXT.P2. COPY OF THE PARTITION DEED EXECUTED BY THE PETITIONER'S MOTHER IN FAVOUR OF THE PETITIONER. RESPONDENT'S EXHIBITS NIL. True copy tga C.N.RAMACHANDRAN NAIR, J. --------------------------- O.P.No.1088 OF 2001 -------------------------- Dated this the 22nd day of February, 2008 J U D G M E N T ~~~~~~~~~~~ Petitioner is challenging recovery proceedings for recovery of arrears stated to be due from her son. Even though original petition is pending before this court for seven years no counter is filed. In the circumstances, original petition is disposed of directing the 1st respondent to verify as to whether liability is not due from the petitioner and if so to proceed for recovery of arrears from the assets of the defaulter. If petitioner is not in default, recovery cannot be made against her property. Petitioner is permitted to produce copy of the title deed of the property before the 1st respondent to verify as to whether defaulter has any right. Recovery should be confined to the property of the defaulter on his share and property belonging exclusively to the petitioner shall not be attached. The original petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) ps