IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3599 of 2008(C) ------------------------- PETITIONER: ------------ SHYLA MOHANDAS, AGED 40 YEARS, W/O. MOHANDAS P.V., PUTHENPARAMBIL HOUSE, PULINKUNNU P.O., ALLEPPEY-685 504. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR SRI.ABHILASH AKBAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ALLEPPEY. 3. DEPUTY TAHSILDAR (R.R.), KUTTANAD, ALLEPPEY. 4. VILLAGE OFFICER, KUNNUMMA VILLAGE, KUTTANAD TALUK, ALLEPPEY. 5. CANARA BANK, PULINKUNNU BRANCH, REPRESENTED BY ITS BRANCH MANAGER. ADDL.R6 6. P.K.VELAYUDHAN, PUTHENPARAMBIL HOUSE, PULINKUNNU P.O., ALLEPPEY-685504 (Impleaded as per order dated 31.1.08 in I.A.1660/08) BY GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).3599/2008 -------------------- Dated this the 31st day of January, 2008 JUDGMENT Petitioner is aggrieved by the alleged enforcement of Ext.P5 demand notice, issued in relation to her father- in-law, the defaulter, who has been subsequently impleaded as additional sixth respondent. According to the petitioner, her father-in-law resides with her, in the property covered by Exts.P1 to P3. But obviously movables kept in her house belong to her, she contends. She is aggrieved that in the course of enforcing the notice of demand against the defaulter, Ext.P3 proceedings are initiated in relation to the movables kept in the house. Hence this writ petition. 2. I heard the learned counsel for the petitioner, Mr.C.S.Manu, the learned counsel for the fifth respondent, Mr.Gopinatha Menon and learned Government Pleader also. 3. In my view, contention of the petitioner should be the subject matter of a claim petition as such and it is for her W.P.(C).3599/2008 2 to bring these facts to the notice of the District Collector who is competent to consider her claim, verify it and then issue appropriate directions to the subordinate Officers. 4. In the result, writ petition is disposed of in the following terms: (i). Petitioner may file a representation pointing out her claim before the second respondent within one month from today. (ii). If it is so filed, second respondent shall issue notice to the fifth and sixth respondents and take a decision thereon after hearing the petitioner, fifth and sixth respondents within a period of two months thereafter. (iii). Fifth respondent is entitled to raise a contention that the title claimed by the petitioner might otherwise be defeasible under Section 44 of the Revenue Recovery Act in which case petitioner obviously would W.P.(C).3599/2008 3 be entitled to defend the same. Entire process may be completed within a period of four months from today. Petitioner would also be entitled to give details of the property which is still with the defaulter and available to discharge the liability incurred with the fifth respondent. District Collector shall advert to this aspect also in the course of the decision to be taken as aforementioned. (iv). Enforcement of Ext.P5 shall be kept in abeyance as against the movables kept in the building covered by Exts.P2 and P3 until a decision is taken as aforementioned. V.GIRI, Judge mrcs