IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 9069 of 2009(C) ------------------------- PETITIONER(S): --------------- 1. KANAKAMMA, AGED 62 YEARS D/O.GOURI, KALA BHAVAN, THEKKEVILA PO MUNDACKAL VILLAGE, KOLLAM. 2. SREEKALA, AGED 37 YEARS D/O.KANAKAMMA, KALA BHAVAN, THEKKEVILA PO MUNDACKAL VILLAGE, KOLLAM. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE , THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE DEPUTY THAHSILDAR (RR) KOLLAM. 4. THE VILLAGE OFFICER, MUNDACKAL VILLAGE KOLLAM. GOVERNMENT PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9069 of 2009(C) APPENDIX PETITIONERS EXHIBITS EXT.P1 : TRUE COPY OF SETTLEMENT DEED EXT.P2 : TRUE COPY OF THE LAND TAX RECEIPT EXT.P3 : TRUE COPY OF THE DEATH CERTIFICATE RESPONDENTS EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J ............................................... W.P(C) No. 9069 of 2009 ................................................. Dated this the 10th day of August, 2009 J U D G M E N T The 1st petitioner is the widow of Late Soman Pillai, who was a defaulter in payment of certain workers dues and the 2nd petitioner is their daughter. Revenue Recovery Proceedings have been initiated for recovery of the same after the death of the husband. According to the petitioners, the respondents have proceeded against 5.90 Ares of land in Re. Sy. No. 206/27 and 1.62 Ares of land in Re.Sy. No. 206/19 of Mundakkal Village. The petitioners submit that the said properties are personal properties of the 1st petitioner obtained by her as per settlement deed No. 2060/71 of Eravipuram Sub Registrar's Office, which is a family property of the 1st petitioner. It is not inherited from her husband on his death. Therefore the petitioners submit that respondents cannot proceed against that property for recovery of dues from 1st petitioner's late husband. 2. I have heard the Government Pleader also. 3. It is settled law that for the dues of the husband, W.P(C) No. 9069 of 2009 -2- personal properties of the widow cannot be proceeded against. Only properties which have devolved on the legal heirs on the death of the husband can be proceeded against for recovery of dues of the late husband. In the above circumstances, this writ petition is disposed of with a direction to the respondents that only properties which originally belonged to husband of the 1st petitioner, which devolved by succession on the petitioners on his death shall be proceeded against in the revenue recovery proceedings. Before proceeding further, the respondents shall issue a proper notice to petitioners specifying the property against which respondents proposes to proceed against and give the petitioner an opportunity to satisfy the respondents that the said property is their personal property, and not one which devolved by succession on the death of the said Soman Pillai. S. SIRI JAGAN, JUDGE rhs