IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 37380 of 2009(N) -------------------------- PETITIONER(S): --------------- MARY JOLLY, PADINJAREKKUTT HOUSE, ARAKULAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): --------------- 1. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), K.S.F.E. KOTTAYAM. 2. THE BRANCH MANAGER, K.S.F.E. LTD MUVATTUPUZHA BRANCH, ERNAKULAM DISTRICT. ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 37380 of 2009-N ---------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner is before this Court, challenging the steps taken by the respondents invoking the remedy under the Kerala Revenue Recovery Act for realisation of the amount stated as due from the deceased husband of the petitioner under a chitty transaction. 2. The specific case of the petitioner is that, the petitioner has not inherited any property of the deceased husband and the property now sought to be proceeded against on the strength of the Revenue Recovery notice issued, exclusively belongs to the petitioner, which is not liable to be proceeded against in respect of any liability of the deceased husband. 3. The respondents have filed a statement pointing out that the defaulter is none other than the deceased husband of the petitioner and that no proceedings are being initiated or intended to be pursued against the properties of the petitioner or other family members. 4. In the above circumstances, the above submission as W.P(C) No. 37380 of 2009-N 2 contained in the statement filed is recorded and the Writ Petition is disposed of. It will be open to the respondents to proceed against the property of the deceased husband of the petitioner, if any, besides taking steps to realise the due amount from other sureties, as well. P.R.RAMACHANDRA MENON JUDGE ab