IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 7456 of 2010(F) -------------------------------- PETITIONER(S): ------------------- KARTHIYAYANI, THEKKEPURAKKAL HOUSE, THOTTAKKARA, OTTAPALAM. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE TAHSILDAR, OTTAPALAM. 3. THE VILLAGE OFFICER, OTTAPALAM-II VILLAGE, OTTAPALAM. 4. KISHORE, THEKKEPURAKKAL HOUSE, THOTTAKKARA, OTTAPALAM. 5. GOPINATH, THEKKEPURAKKAL HOUSE, THOTTAKKARA, OTTAPALAM. * ADDL. R6 IMPLEADED 6. THE BANK MANAGER, FEDERAL BANK, OTTAPALAM. * ADDL. R6 IS IMPLEADED AS PER ORDER DATED 24/03/2010 IN I.A. NO.4013/2010. R1 TO R3 BY GOVT.PLEADER SRI.MATHEW GEORGE VADEKKEL R6 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 7456 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 8th day of November, 2010 JUDGMENT Petitioner claims to be an absolute owner of 11 Cents of property and a residential building contained therein, wherein she is residing. Grievance of the petitioner is that the movables contained in the house belonging to her, are under threat of attachment, pursuant to Ext.P1 notice issued under the provisions of the Kerala Revenue Recovery Act. The amount sought to be recovered through Ext.P1 is the default committed her son, the 4th respondent herein, in a loan account which was availed by him from the 6th respondent Bank. The 5th respondent is the husband of the petitioner and he is a guarantor to the loan transaction. 2. Contention of the petitioner is that the movables situated in the house belong to her and they are not liable to be proceeded against for recovery of amounts due from respondents 4 and 5. In this regard, the petitioner had submitted Ext.P2 objections before the 2nd respondent. W.P.(C) No. 7456/2010 2 Since coercive steps were threatened without considering such objections, this writ petition is filed. 3. Considering the provisions contained in the Kerala Revenue Recovery Act, I am of the view that grievance of the petitioner can be agitated before the 2nd respondent. The 2nd respondent has an obligation to consider Ext.P2 objections and to dispose of the same, by taking a decision as to whether the property mentioned therein are liable to be proceeded against, pursuant to steps initiated by virtue of Ext.P1. 4. Therefore, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P2 objections, after affording an opportunity of hearing to the petitioner and respondents 4 and 5, if found necessary. This shall be done at the earliest possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. 5. Needless to say that further steps for attachment and sale of movables situated in the property belonging to W.P.(C) No. 7456/2010 3 the petitioner shall be kept in abeyance till a decision is taken by the 2nd respondent as directed above. 6. It is made clear that the direction issued as above will not stand in the way of respondents 1 to 3 taking steps against properties belonging to respondent 4 and 5, apart from any movables situated within the house belonging to the petitioner. C. K. ABDUL REHIM, JUDGE. mn.