IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 7454 of 2010(F) ------------------------------------- PETITIONER: ------------------- SOMASEKHARAN B., AGED 52 YEARS, S/O. BALAKRISHNA PANICKER, KILIYOOR MELE MUKKU, ROADARIKATHU PUTHEN VEEDU (HOUSE), P.O.VELLARDA, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.M.V.BOSE, SRI.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE COLLECTOR/AUTHORISED OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR & CHIEF REVENUE OFFICER, OFFICE OF THE CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. *ADDL. R3 IMPLEADED: 3. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, SANTHI NAGAR, THIRUVANANTHAPURAM. *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 12/03/2010 IN I.A. 3651/10. R1 & R2 BY GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL, ADDL.R3 BY ADV. SRI.A.JAYASANKAR, S.C, K.S.H.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7454/2010-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RECEIPT DTD. 08/01/2001 ISSUED FOR THE PAYMENT. EXT.P.2: COPY OF THE NOTICE DTD. 08/02/2010 ALONG WITH THE MAHAZAR. EXT.P.2.A: COPY OF THE MAHAZAR DTD. 08/02/2010. EXT.P.3: COPY OF THE OBJECTION, DTD. 11/02/2010. RESPONDENTS' EXHIBITS: EXT.R3.A: THE FORM 10 NOTICE DT. 03/04/09 ISSUED UNDER SECTION 34 WITH AN ACKNOWLEDGMENT OF RECEIPT OF THE SAME. EXT.R3.B: COPY OF THE REPLY DTD. 04/03/10 FROM THE RESPONDENT TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE. Prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.7454 of 2010 ------------------------------------------- Dated this the 26th day of October, 2010 J U D G M E N T ---------------------- Revenue recovery proceedings initiated for realisation of amounts due to the additional 3rd respondent is under challenge in this writ petition. 2. According to the petitioner, Ext.P2 notice of attachment as well as Ext.P2(a) Mahazar with respect to attachment of immovable property was issued without the petitioner being served with any demand notices as contemplated under Section 7 and 34 of the Kerala Revenue Recovery Act, 1968. 3. In a counter affidavit filed by the 3rd respondent, copies of notices issued under Section 7 and Section 34 were produced. It is specifically stated that the wife of the petitioner had accepted copies of such notices and that she had signed in acknowledgment of such receipt. However, it is conceded that there was no personal service effected on the defaulter as such. 4. Under the above circumstances the writ petition is disposed of directing respondents 1 and 2 not to proceed with further steps against the immovable property covered under W.P.(C).7454/10 -2- Ext.P2 and P2(a), unless notices under Section 7 and 34 of the Revenue Recovery Act is secured on the petitioner through any of the methods provided under the relevant provisions. C.K.ABDUL REHIM, JUDGE. okb