IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 33169 of 2008(W) ----------------------------------------------- PETITIONER(S): ---------------------- AHAMMED KABEER, S/O. MOIDHEEN, AGED 48 YEARS, MANDHARAPARAMBIL HOUSE, KOTTECANAL ROAD, ERNAKULAM. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------- 1. THE DEPUTY TAHSILDAR, KANAYANNUR TALUK OFFICE, ERNAKULAM. 2. THE VILLAGE OFFICER, ERNAKULAM VILLAGE OFFICE. 3. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 33169 OF 2008 W -------------------------------------- Dated this the 12th November, 2008 JUDGMENT Petitioner is aggrieved by the move to attach what he claims to be properties belonging to him for recovering the dues from his father. I heard the learned counsel appearing for the petitioner and the learned Government Pleader. Admittedly, dues are there from the petitioner's father. Recovery is pressed into service under the Revenue Recovery Act. The Officials are certainly entitled to attach the movables belonging to the father of the petitioner in accordance with law. But, at the same time, I make it clear that in the guise of attaching the movables of the petitioner's father, respondents 1 and 2 are not entitled to attach the movables belonging to the petitioner. But, in case, in the course of attachment, the properties belonging to the petitioner are attached, if the properties attached are movables, it is declared that in terms of the decision of this Court in M.S. WPC.33169/08 W 2 Khadija v. Dy. Tahsildar (Revenue), Kottayam (1974 KLT S.N.3, OP No.3073/72), it will be open to the petitioner to raise his claim in respect of the same and the first respondent will consider such claim, if any, filed by the petitioner to any attachment which, according to the petitioner belongs to him, and he will take a decision in accordance with law thereon before any further steps are taken in respect of the said properties under law. If the property attached is an immovable property belonging to the petitioner, there also, the petitioner has a remedy of filing a claim petition under Section 46 within fourteen days of the attachment and the Authority will be bound to investigate the claim and take a decision before any further steps are taken. 2. Section 8 of the Revenue Recovery Act speaks of attachment of movable properties other than growing crops and ungathered products in the possession of the defaulter. It clearly contemplates attachment of movables which are in the WPC.33169/08 W 3 possession of the defaulter. Necessarily, the Officer is bound by Section 8 in the matter of attachment. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge