IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 26811 of 2010(B) --------------------------------------- PETITIONER: ------------------- P.JOHN SAM, AGED 73 YEARS, S/O.SAMUAL, PALLIKKAPARAMBIL HOUSE, MONASTRY LANE, ALUVA, ERNAKULAM. BY ADV. SRI.SABU THOZHUPPADAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 2. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, ALUVA. 3. THE VILLAGE OFFICER, ALUVA WEST VILLAGE, ALUVA, ERNAKULAM. 4. CANARA BANK, ALUVA, ERNAKULAM, REPRESENTED BY ITS BRANCH MANAGER. R1 TO R3 BY GOVT. PLEADER SRI. BEJOY CHANDRAN, R4 BY SRI. PAULY MATHEW MURICKEN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.26811 of 2010 -------------------------------------- Dated this the 6th day of September, 2010 J U D G M E N T ---------------------- Grievance of the petitioner is that respondents 2 and 3 are threatening the petitioner with coercive steps of attachment and sale of immovable properties belonging to him, which is situated at his place of residence. Revenue recovery proceedings in question was initiated against the son of the petitioner, who had defaulted repayment of Bank loan availed from the 4th respondent. It is the contention of the petitioner that the defaulter son is not residing with him and that the movables situated in the house does not belong to the defaulter. However, the petitioner had submitted Ext.P2 objection before the 1st respondent with copy thereof endorse to respondents 2 & 3. It is for the concerned authorities dealing with the revenue recovery proceedings to decide the question as to whether the movables which are sought to be attached W.P.(C).26811/10-B -2- belongs to the defaulter or not. 2. Under the above circumstances the writ petition is disposed of directing the 2nd respondent to consider and to take appropriate decision on Ext.P2 submitted by the petitioner, after affording an opportunity of personal hearing. A decision in this regard shall be taken at the earliest, at any rate within a period of one month from the date of receipt of a copy of this judgment. 3. Till such time a decision is taken by the 2nd respondent as directed above, movables situated in the house belonging to the petitioner shall not be proceeded against. It is made clear that this will not preclude the authorities from proceeding against properties if any belonging to the defaulter, either immovables or movables, apart from those articles contained in the house wherein the petitioner is residing. C.K.ABDUL REHIM, JUDGE. okb