IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34187 of 2008(T) ---------------------------------------------- PETITIONER(S): ----------------------- P.B,MYMOO, AGED 49 YEARS, W/O. ABU, IA.6/64, NGO QUARTERS, KAKKANAD. BY ADV. SRI.NAVEEN THOMAS SRI.RENJITH THOMAS RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. TAHSILDAR, KANAYANNUR TALUK. 3. VILLAGE OFFICER, VAZHAKKALA. BY GOVERNMENT PLEADER SHRI TEK CHAND. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 34187 OF 2008 T -------------------------------------- Dated this the 19th November, 2008 JUDGMENT I heard the learned counsel appearing for the petitioner and the learned Government Pleader. By consent, the matter is taken up for final hearing. 2. Petitioner seeks to quash Ext.P1 revenue recovery notice. Briefly put, the case of the petitioner is as follows: The respondents are proceeding against the movables of the petitioner as per Ext.P1 demand notice. The amount is payable by her son as per the order in M.P. No.1201/07 in M.C. No.28/2004 on the file of the Family Court, Ernakulam. It is stated that the property mentioned in Ext.P1 notice belongs to the petitioner and not of her son and she obtained the same as per Ext.P2 order. Ext.P2 is an order of the District Collector by which there is a Government servant quarters at Thrikkakara allotted to the petitioner. 3. Certainly, the petitioner cannot have any objection to WPC.34187/08 T 2 the movables belonging to her son being attached. If, on the other hand, the property of the petitioner is attached, then, as held by this Court in M.S. Khadija v. Dy. Tahsildar (Revenue), Kottayam (1974 KLT SN 3 OP No.3073/72), it is for the petitioner to lay claim before the Officer attaching. In the event of any such claim being filed, the Officer will look into the same and take a decision thereon in accordance with law before any further action is taken. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge