IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 15988 of 2011(W) --------------------------------- PETITIONER(S): --------------- 1. SOUMINI, 'SREE KARTHIKA' PARAKKAMOOLA NILAM, ERANJIKKAL P.O., KOZHIKODE DISTRICT. 2. VIPIN KISHORE, 'SREE KARTHIKA' PARAKKAMOOLA NILAM, ERANJIKKAL P.O., KOZHIKODE DISTRICT. 3. SHIBIN KISHORE, 'SREE KARTHIKA' PARAKKAMOOLA NILAM, ERANJIKKAL P.O., KOZHIKODE DISTRICT. 4. LIBIN KISHORE, 'SREE KARTHIKA' PARAKKAMOOLA NILAM, ERANJIKKAL P.O., KOZHIKODE DISTRICT. 5. SHERLY, 'SREE KARTHIKA' PARAKKAMOOLA NILAM, ERANJIKKAL P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA SRI.ARUN KRISHNADHAN SRI.K.RATHISH KUMAR RESPONDENT(S): ------------------- 1. THE DEPUTY TAHSILDAR (RR), KOZHIKODE. 2. THE SPECIAL TAHSILDAR (LA NH), KOZHIKODE. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15988 of 2011(W) APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF DEATH CERTIFICATE DATED 20.3.2002 OF SIDHARTHAN. EXT.P2: COPY OF ORDER DATED 28.5.2010 IN I.A.NO.2171/08 IN L.A.R.NO.245/94 OF SUB COURT, KOZHIKODE. EXT.P3: COPY OF THE NOTICE DATED 17.9.2010 ISSUED BY R2 TO THE PETITIONERS. EXT.P4: COPY OF REPRESENTATION DATD 20.10.2010 SUBMITTED TO R2 BY THE PETITIONERS. EXT.P5: COPY OF NOTICE DATED 25.5.2011 ISSUED BY R1 TO THE PETITIONERS. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.15988 OF 2011 ---------------------------------------------- Dated this the 17th day of August, 2011 JUDGMENT The petitioners are legal heirs of deceased Sri. Sidharthan, who died on 19.1.2002. Certain properties belonging to Sri. Sidharthan were acquired by the Government for construction of National Highway Bye Pass at Kozhikode. Sri. Sidharthan was paid compensation. The State has filed an appeal in which the compensation was reduced. Since the compensation had already been paid, he became liable to refund the excess compensation received by him amounting to Rs.19,700/- with interest. The 2nd respondent filed an I.A. in the L.A.R seeking recovery of the said amount. Since, by that time, Sri. Sidharthan died, the petitioners were impleaded as legal heirs. Now the revenue recovery proceedings have been initiated against the petitioners for recovery of the amount. That is under challenge in this writ petition. The petitioners' only contention is that the petitioners have not succeeded to any property belonging to Sri. Sidharthan and therefore, there is no liability on W.P.(C)No.15988/11 2 the part of the petitioners to repay the amounts due from Sri. Sidharthan. 2. I have heard the learned Government Pleader also. It is settled law that in respect of dues from a deceased person, the legal heirs of the deceased can be proceeded against only to the extent they have succeeded to the property of the deceased. In the above circumstances, the proceedings against the petitioners and their personal properties are quashed. But, this will not stand in the way of the respondents proceeding against any properties which the petitioners have inherited from Sri. Sidharthan. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15988/11 3 W.P.(C)No.15988/11 4