IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 24732 of 2010(N) -------------------------------------- PETITIONER(S): ----------------------- P.J.KURIAKOSE, AGED 72 YEARS, S/O.IPE, PALATHINKAL HOUSE, SOUTH PARUR PO, ERNAKULAM DISTRICT. BY ADV. SMT.P.VIJAYAMMA SRI.P.J.ANILKUMAR SRI.PRINSON PHILIP RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM,KOCHI-30. 2. DEPUTY TAHSILDAR(RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI-11. R1 & R2 BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KL. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.24732 of 2010-N ---------------------------- Dated this the 17th day of August, 2010. J U D G M E N T The petitioner has approached this Court challenging the recovery proceedings pursued by the respondents against the properties of the petitioner on the strength of Ext.P4 notice of attachment issued under the Kerala Revenue Recovery Act, in respect of the dues stated as to be cleared by the daughter of the petitioner. 2. The learned counsel for the petitioner submits that, the petitioner is no way connected with the default of the daughter of the petitioner, nor had stood as a guarantor to any transaction. The property concerned covered by Exts.P1 to P3 exclusively belongs to the petitioner and the defaulter, who is none other than the daughter of the petitioner does not have any right, title, ownership, possession or enjoyment with regard to the same, which hence is not liable to be proceeded against. 3. The learned Government Pleader appearing for the respondents submits on instructions that, the respondents are W.P(C) No.24732 of 2010-N 2 intending to proceed only against the properties of the defaulter by name Swapna Mol, whose name is shown in Ext.P4 notice and that no steps are being pursued against the petitioner or the properties of the petitioner, both movables or immovables. 4. In the above circumstances, this Court does not find it necessary to consider anything else and the Writ Petition is disposed of, recording the submission made as above, making it clear that the respondents are at liberty to proceed with further steps for realization of the amount due from the defaulter Swapna Mol or her properties, if any. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.24732 of 2010-N 3