IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 24225 of 2005(H) -------------------------- PETITIONER: ------------ JOSSON JOSE, PUTHUSSERIL HOUSE, EAST MARADY P.O., MARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.M.V.PAULOSE RESPONDENTS: ------------- 1. THE DEPUTY TAHASILDAR (RR.) TALUK OFFICE, MUVATTUPUZHA P.O. 2. THE DEPUTY CHIEF ENGINEER, S/S AND TLC CIRCLE, THRISSUR P.O. 3. THE VILLAGE OFFICER, MARADY P.O., MUVATTUPUZHA. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TAX PAID RECEIPT NO. 4924018 DATED 3.5.2005 EXT.P2 BILL DATED 26.11.2003 EXT.P3 DEATH CERTIFICATE DATED 31.7.2004 EXT.P4 REVENUE RECOVERY NOTICE B5-488/2000 DATED 21.1.2000 EXT.P5 OBSTRUCTION PETITION DATED 1.8.2005 FILED BEFORE THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO.24225 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears of electricity dues due from the petitioner's father. Petitioner claims to be the owner of the property through Will executed by defaulter's mother. However, it is seen from the counter affidavit that petitioner was 19 years old when the building was constructed in the property. If property that belonged to the defaulter was transferred through any dubious method to prevent recovery, then such transaction can be ignored in adjudication proceedings under Section 46 of the RR Act and Tahsildar can proceed for recovery against such property. Since disputed facts are involved, it is for the petitioner to file a claim petition before the first respondent to consider the same before sale of the property. I make it clear that property should be sold only if it belongs to the defaulter or it was transferred by thedefaulter to avoid recovery. W.P. is disposed of directing the first respondent to consider petitioner's objections, and proceed for sale of the property if permissible after disposing of the petitioner's objections. (C.N. RAMACHANDRAN NAIR) Judge kk 2