IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30707 of 2008(E) -------------------------------------- PETITIONER(S): ----------------------- DEVASIA THACHUKUNNEL, S/O. JOSEPH, AGED 53 YEARS, THACHUKUNNEL HOUSE, JOSEGIRI POST, PULINGOME AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI, ADV. SRI.V.A.SATHEESH. RESPONDENT(S): ------------------------- 1. SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), TALIPARAMBA, TALUK OFFICE, TALIPARAMBA POST, KANNUR DISTRICT. 2. JOINT ROAD TRANSPORT OFFICER, TALIPARAMBA, KANNUR DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.30707 of 2008 ================================== Dated this the 17th day of October, 2008. JUDGMENT Petitioner contends that the respondents have, without authority and jurisdiction, initiated distress action against the properties, which belong to him absolutely, for recovery of arrears of his wife, by way of dues under the Motor Vehicles Taxation Act. The only plea, even going by the grounds in this writ petition, is that his wife Mary Devassia is doing independent business and petitioner is not liable for her dues and his property cannot be attached and sold for dues recoverable from his wife. This is a plea that the petitioner has to raise before the appropriate authority under the R.R.Act, for adjudication, in accordance with law. On the face of that WPC30707/08 -:2:- alternate remedy, this writ petition fails. It is accordingly dismissed. Thottathil B.Radhakrishnan, Judge. sl.