IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9411 of 2008(U) ------------------------------------- PETITIONERS: --------------------- 1. BHANUMATHY, W/O.LATE DAMODARAN, POLAKKULATH HOUSE, PULLOOT VILLAGE, THRISSUR DISTRICT. 2. P.D.LATHIKA, D/O.LATE DAMODARAN, POLAKKULATH HOUSE, PULLOOT VILLAGE, THRISSUR DISTRICT. 3. P.D.REMA, PAMPUKKATTIL HOUSE, PUTHOL, ARATTUKARA, THRISSUR DISTRICT. 4. P.D.SATHYAN, S/O.LATE DAMODARAN, POLAKKULATH HOUSE, PULLOOT VILLAGE, THRISSUR DISTRICT. 5. P.D.SHAJAN, S/O.LATE DAMODARAN, POLAKKULATH HOUSE, PULLOOT VILLAGE, THRISSUR DISTRICT. 6. P.D.SANTHOSH, S/O.LATE DAMODARAN, POLAKKULATH HOUSE, PULLOOT VILLAGE, THRISSUR DISTRICT. 7. P.D.SINDHU, VALIYAPARAMBIL, PERINJANAM, THRISSUR DISTRICT. 8. P.D.BINDHU, THAITHARA HOUSE, KATTAKKULAM, ERIYAD, THRISSUR DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. W.P.(C). NO.9411/2008-U: 2. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD DISTRICT. 3. THE DISTRICT COLLECTOR, THRISSUR DISTRICT. 4. THE TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KODUNGALLOOR. 5. P.S.VIJAYAKUMAR, PUTHENKATTIL HOUSE, METHALA P.O., KODUNGALLOOR, THRISSUR DISTRICT. R1 TO R4 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.9411 of 2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. JUDGMENT 1.Learned Senior Government Pleader appears for respondents 1 to 4. Having regard to the nature of the directions being issued hereunder, notice to the 5th respondent is dispensed with preserving his right to move this Court for review of this judgment, if aggrieved. 2.The petitioners' predecessor in interest late Damodaran offered security property in relation to three solvency certificates for the 5th respondent in relation to abkari licences. On default, action was taken. The complaint of the petitioners, who are the legal representatives of late Damodaran, is that the properties which are being proceeded with belong exclusively to them WP(C)9411/2008 -: 2 :- and are not any part of the estate of Damodaran and further that, no action is taken against the 5th respondent, the licensee in spite of availability of his assets. It is also stated that though attachments have been effected against some of the assets of the 5th respondent as stated in Ext.P13, no further steps have taken place. 3.In so far as the contention of the petitioners that they are entitled to certain properties cleared as not belonging to the estate of Damodaran is concerned, such a contention can be agitated and decided upon by the competent authority under the Revenue Recovery Act. Therefore, if the petitioners raise any such objection in relation to any property brought under attachment or being proceeded with, such claim shall be considered and decided upon in accordance with the provisions of the Revenue Recovery Act. WP(C)9411/2008 -: 3 :- 4.On the complaint of the petitioners that due action is not taken against the assets of the 5th respondent, including properties which have been attached, if any, the revenue authorities, who are respondents herein, will ensure that proper action follows against such assets and recovery proceedings enforce against the 5th respondent, if he is the licensee. Such action as is permissible under law, including against his assets, shall be taken and the result of such action and funds generated to the State Revenue by such exercise shall be reported to the Registrar General of this Court by an affidavit of the 3rd respondent within a period of eight months. 5.If the petitioners move for any stay of revenue recovery notice in the form of Ext.P11, the 3rd respondent District Collector will consider such application for interlocutory relief within three weeks from the date of receipt of such WP(C)9411/2008 -: 4 :- application and a copy of this judgment. There shall be no attachment or sale of any property belonging to the petitioners or to late Damodaran until such interlocutory application is considered. 6.The writ petition is disposed of in the above terms. 7.Communicate a copy of this judgment to the 3rd respondent for necessary follow up action and proper compliance. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/