IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 WP(C).No. 37847 of 2009(A) --------------------------------------- PETITIONER(S): ---------------------- SOUMYA, W/O.LATE SRI.M.SANTHOSH, RESIDING AT SUBIN NIVAS, ERUVA WEST, KAREELAKULANGARA P.O., ALAPUZHA DISTRICT. BY ADVS. MR.M.V.THAMBAN MR.R.REJI RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, HARIPAD, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. 3. THE VILLAGE OFFICER, KANDALOOR, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. 4. THE SECRETARY, BLOCK PANCHAYAT OFFICE, MUTHUKULAM P.O., ALAPPUZHA DISTRICT. R1 TO R3 BY GOVT. PLEADER MR.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 37847 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2010 J U D G M E N T 1. Challenge in this writ petition is against Exts.P2 & P3 notices issued under the provisions of the Kerala Revenue Recovery Act. It is noticed that Exts.P2 & P3 are issued in the name of one Sri. M. Santhosh, the petitioner's husband, who expired on 20.05.2009. It is stated that on enquiry the petitioner came to know that the amounts sought to be recovered pertains to liability due to the 4th respondent with respect to a contract work executed by her deceased husband. 2. Without going into merits of the challenge against liability of the deceased husband, it is noticed that the revenue recovery steps now being perused is not sustainable, because it is against a dead person. Even if the legal heirs of the defaulter are liable, the respondents can proceed against them only after issuing proper notice. W.P.(C)No. 37847 of 2009 -2- 3. Therefore Exts.P2 & P3 are hereby quashed. It is made clear that the legal heirs of the defaulter if proceeded against will be at liberty to challenge the liability on appropriate grounds. All the grounds raised in this writ petition are left open in this regard. C.K. ABDUL REHIM JUDGE shg/