IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 OP.No. 12863 of 2002(F) ----------------------------------- PETITIONERS: ---------------------- 1. MARYKUTTY THOMAS @ M.A. MARYKUTTY, AGED 45 YEARS, W/O. THOMAS, THURUTHIKARA HOUSE, VADAYAR, VAIKOM, KOTTAYAM DISTRICT, NOW RESDING AT VAZHAPPARAMBIL HOUSE, MAVELLOOR P.O., KOTTAYAM. 2. BETTY THOMAS, AGED 33 YEARS, W/O. THOMAS. A., KOTTARATHUMKUZHY HOUSE, BHARANANGANAM P.O., PALA, KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENTS: ------------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE DEPUTY TAHSILDAR (R.R.), VAIKOM, KOTTAYAM DISTRICT. 3. THE DEPUTY TAHSILDAR (R.R) MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT. 4. THE ASST. EXCISE COMMISSIONER, KOTTAYAM BY GOVERNMENT PLEADER SRI. K.V.MANOJKUMAR – R1TOR4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.21843/2002 IN O.P.NO.12863/2002 F DISMISSED 12/06/2008 SD/- ANTONY DOMINIC, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEMAND NOTICE NO.G1 6916/01 SIGNED ON 18/10/2001 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P2: COPY OF THE DEMAND NOTICE NO.G1-6333/01 SIGNED ON 18/10/2001 ISSUED BY THE 2ND RESPONDENT to the 1ST PETITIONER. EXT.P3: COPY OF THE LETTER DTD. 24/09/2001 SENT THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE PETITION DTD. 8/05/2002 SENT BY 2ND PETITIONER TO THE 1ST RESPONDENT. EXT.P5: COPY OF THE ORDER DTD. 15/10/2001 IN CMP.NO.50158/01 IN O.P.NO.30798/01 OF THIS HON'BLE COURT. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = O.P. No. 12863 OF 2002 (F) = = = = = = = = = = = = = = Dated this the 12th June 2008 J U D G M E N T Revenue recovery proceedings have been initiated against the petitioners for realisation of the amount that was due from their father, late Souriar Augusthy, Macheril House, Keezhoor P.O., Mulakkulam Village, Kottayam District, who expired on 3.3.1994. Petitioners contend that they have not inherited any property out of the estate of the deceased defaulter and therefore their properties are not liable to be proceeded against. If as a matter of fact, the petitioners have not inherited any property out of the estate of the deceased father who is the defaulter in this case, the contention of the petitioners is liable to be accepted. 2. Therefore, clarifying that the right of the respondent to proceed against shall be confined to the property that was held by the deceased defaulter and devolved on his legal heirs and that the petitioners' individual properties are not liable to be proceeded against this original petition is disposed of. ANTONY DOMINIC, JUDGE jan/-