IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 38732 of 2002(J) ----------------------- PETITIONER: ------------ SUSHAMA C.B. W/O. ASHOK RAJ, BENVISTA BUNGLOW, NANTHANCODE, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR (RR), THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADDL. RESPONDENTS: 4. C.B.MOHAN, GOVINDALAYAM, K.R.PURAM P.O., PALLIPPURAM VILLAGE, CHERTHALA. 5. C.B.SUDHEER, .DO. .DO. 6. C.B.SUJATHA, W/O.CHITHRABHANU, NAVAJEEVAN, AMMANKUNNU, KOTTAYAM. (ADDL. RESPONDENTS ARE IMPLEADED AS PER ORDER DATED 22.1.2003 CMP NO.1569/2003.) R1 TO 3 BY G.P. SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.65292/2002 & IA NO.8037/2003 IN OP 38732/2002 DISMISSED: 4.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTICE DT.7.10.2002. P2: .DO. .DO. P3: TRUE COPY OF OBJECTION DT.29.10.2002. P4: TRUE COPY OF REPLY DT.26.11.2002. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.38732 of 2002 .................................................................... Dated this the 4th day of January, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of abkari dues, due from her late father. Petitioner's case is that she has not inherited any property of the defaulter and counsel has relied on statement by the respondents in the counter affidavit that defaulter died insolvent. If petitioner has not inherited any property of the defaulter or if the defaulter has not transferred any property to the petitioner to avoid recovery, then recovery against petitioner's personal assets is not permissible. However, if any property is inherited from the defaulter by the petitioner or any other legal heir or if any property is transferred by the defaulter during his lifetime after incurring liability, then such property can be proceeded against. The O.P. is disposed of directing the respondents to proceed against the property as stated above and not against the self acquired property of the petitioner or any other legal heir for that matter. C.N.RAMACHANDRAN NAIR Judge pms