IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 26978 of 2009(N) -------------------------- PETITIONER : --------------- SMT.K.SAROJINI,W/O.M.UNNI, CHERAMBATHMADU HOUSE,THENHIPALAM-P.O., CHELARI,MALAPPURAM DISTRICT,PIN-673 636. BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENTS: --------------- 1. THE VILLAGE OFFICER, THENHIPALAM. 2. THE DEPUTY TAHSILDAR (RR), TIRURANGADI. 3. SHRI.MELEMANGALATH UNNI,S/O.KUNHAPPU, CHERAMBATHMADU HOUSE,THENHIPALAM-P.O., CHELARI,MALAPPURAM DISTRICT. 4. SHRI.M.BINEESH,S/O.UNNI, CHERAMBATHMADU HOUSE,THENHIPALAM-P.O., CHELARI,MALAPPURAM DISTRICT. 5. SMT.V.NAFEESA,W/O.MOHAMMED KUTTY HAJI, VAYAKARAMBAN HOUSE,THENHIPALAM-P.O., MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL RAHIM, J ------------------------------------ W.P(C) No.26978 of 2009 ------------------------------------- Dated this the 29th day of September, 2009 JUDGMENT Grievance of the petitioner is that pursuant to revenue recovery steps initiated against respondent Nos.3 and 4, movables belonging to the petitioner from her residence was attached as per Ext.P4 mahazar. It is further submitted that the movables attached had already been entrusted with the 5th respondent on `kaichit'. As per Ext.P2 notice the movables are now put to auction sale, scheduled on 30.09.09. Complaint of the petitioner is that movables now attached belong to her and she being not the defaulter, the movables are not liable to be attached for realisation of the arrears. 2. Having considered the facts and circumstances, I am of the opinion that the question as to whether the movables belong to the defaulter and as to whether they are liable to be attached, are basically questions of facts which could not be decided in this proceedings. It is open to the petitioner to file a claim petition before the 2nd respondent, who will adjudicate and decide as to whether the movables in question are liable to be proceeded against or not. W.P(C) No.26978 of 2009 2 3. Under such circumstances, this Writ Petition is disposed of relegating the petitioner to the 2nd respondent. In case the petitioner files a claim petition before the 2nd respondent within a period of two weeks from today, the same shall be considered and disposed of by the 2nd respondent after affording an opportunity of hearing to the petitioner, as early as possible - at any rate, within a period of two months from the date of receipt of a copy of this judgment. The 2nd respondent is directed to keep in abeyance all further steps pursuant to the attachment effected under Ext.P4 mahazar and Ext.P2 sale notice till final decision is taken on the claim petition. 3. Hand over a copy of this judgment to the learned counsel for the petitioner today itself. (C.K.ABDUL RAHIM, JUDGE) rtr/-