IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 3799 of 2006(B) ------------------------- PETITIONER: ------------ ALIKUNJI, S/O.AMBALATHVEETTIL KUNJIMARAKKAR, KUTTAMANGALAM DESOM, EDATHIRUTHI VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.NARENDRA KUMAR SMT.LEENA KRISHNAN0 RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2. THE OFFICE OF THE COMPETENT AUTHORITY AND ADMINISTRATOR, CONSTITUTED UNDER SMUGGLERS AND FOREIGN EXCHANGE, MANIPULATORS(FORFEOTURE OF PROP- ERTY)ACT, 1976,& SUSTANCES ACT 1985, MITTAL COURT, C WING, 3RD FLOOR, NARIMAN POINT, MUMBAI. 3. THE STATE OF KERALA, REP. BY THE SECREARY,R EVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, TRICHUR. BY ADV. SRI.M.A.FAYAZ, ADDL.CGSC FOR R1 & R2 SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3799/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SALE DEED DATED 30/09/1976. P2 : COPY OF ORDER DATED 05/05/2000 ISSUED BY THE OFFICE OF THE COMPETENT AUTHORITY AND ADMINISTRATORS, SAFEMA/NDPS, MUMBAI. P3 : COPY OF NOTICE DATED 09/01/2003 ISSUED BY R2. P4 : COPY OF THE PLAINT IN O.S. 78/2003 in the COURT OF MUNSIFF, KODUNGALLUR. P5 : COPY OF I.A.132/2006 IN O.S.78/2003 IN THE COURT OF KODUNGALLUR. P6 : COPY OF REPRESENTATION DATED 31/07/2004 SUBMITTED TO PETITIONER BY R2. P7 : COPY OF ACKNOWLEDGEMENT CARD SIGNED BY R2. P7(a) : COPY OF ACKNOWLEDGEMENT CARD SIGNED BY R1. P8 : COPY OF PETITION SUBMITTED BY PETITIONER DATED 21/10/2005. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.3799 of 2006 --------------------------------- Dated, this the 7th day of August, 2008 J U D G M E N T This writ petition is filed apprehending that petitioner's property will be attached and sold in recovery proceedings pursuant to Ext.P3 notice. It is seen from Ext.P3 itself that the notice is issued to one Mr.A.A.Shajahan, who is petitioner's son. Son's liability cannot be recovered by attachment and sale of father's property. Learned Government Pleader submitted that there is no recovery proceedings pending against petitioner and therefore, petitioner's property is not under attachment. The writ petition is closed based on this submission. (C.N.RAMACHANDRAN NAIR, JUDGE) jg