IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 16791 of 2009(T) -------------------------- PETITIONER(S): --------------- ALICE MATHEW, AGED 78, MANAPURAM, CHALUKUNNU P.O. KOTTAYAM,KERALA. BY ADV. SRI.JACOB MATHEW MANALIL RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, KOTTAYAM VILLAGE, KOTTAYAM. 2. THE TAHASILDAR,KOTTAYAM TALUK,KOTTAYAM. 3. THE DISTRICT COLLECTOR, KOTTAYAM. *ADDL.R4, R5 & R6: 4. JAVEENS MATHEW, MANAPURAM, CHALUKUNNU P.O. KOTTAYAM,KERALA. 5. ALEX VARGHESE, GARDEN HOUSE, NJETTOOR, KULANADA P.O., PATHANAMTHITTA. 6. M/S.INWOOD TECHNOLOGIES, W2-852/A, GURUNANAK NAGAR, GALI NO.10, OUTER RING ROAD, NEAR CRPF CAMP, DELHI-18. (* ARE IMPLEADED AS ADDL.RESPONDENTS 4 TO 6 AS PER ORDER DT.22.7.2009 IN I.A.9056/09) SENIOR GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL ADV. SRI.G.G.MANOJ FOR ADDL.R4 SRI.SEBASTIAN PHILIP FOR ADDL.R5 SRI.P.M.BENZIR SRI.JAICE JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).16791/09-T APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF NOTICE U/S 7 OF RR ACT EXT.P2:- TRUE COPY OF NOTICE U/S 34 OF RR ACT EXT.P3:- TRUE COPY OF THE SETTLEMENT DEED DT.16.10.02 EXT.P4:- TRUE COPY OF THE REPRESENTATION TO TAHASILDAR RESPONDENT'S EXHIBITS:- EXT.R4(A):- TRUE COPY OF THE LETTER DT.25.6.09 ISSUED BY R6 TO ADDL.R4 OKB //TRUE COPY// P.A. TO JUDGE C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.16791 OF 2009 ------------------------------ Dated this the 9th day of November, 2009 J U D G M E N T ---------------------- 1. Grievance of the petitioner is that she has got a lifetime interest in the property covered under Ext.P3 settlement deed and that the said property is now being proceeded against under the provisions of the Kerala Revenue Recovery Act, for realising amounts due from her son, the 4th respondent herein, with respect to an order of the Consumer Dispute Redressal Forum, Pathanamthitta. Ext.P2 is the notice issued under Section 34 of the Revenue Recovery Act. Ext.P2 does not contain details with respect to any property which is sought to be proceeded against. The petitioner had submitted Ext.P4 before the 2nd respondent requesting not to proceed against the property or against movables contained in the house situated therein. 2. It is not disputed that the property belongs to the defaulter, the additional 4th respondent. But his right is subject to the lifetime interest reserved in favour of the petitioner. Therefore there is no hurdles in the authorities under the Revenue Recovery Act in proceeding with attachment and sale of W.P.(C).16791/09-T 2 the rights and interests which the defaulter is having in the property in question. There is nothing produced in this writ petition to presume that any steps will be taken by the respondents for sale of the lifetime interest vested on the petitioner. In other words the respondents are perfectly under liberty to proceed with sale of the property in question to the extent of the rights held by the defaulter in that property, after reserving and proclaiming the lifetime interest vested with the petitioner. Therefore I find no reason to quash Ext.P1 and P2 notices. Hence the writ petition is disposed of with the above observations. C.K.ABDUL REHIM, JUDGE. okb