IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11422 of 2011(C) ----------------------- PETITIONER(S): ----------------------- 1. GOURIKUTTY, W/O.LATE RAMAKRISHNA PILLAI, MARANGATTU VEEDU, ADINADU NORTH P.O., KARUNAGAPPALLY. 2. SASIKUMAR, AGED 46 YEARS, S/O.LATE RAMAKRISHNA PILLAI, MARANGATTU VEEDU, ADINADU NORTH P.O., KARUNAGAPPALLY NOW RESIDING AT: MARANGATTU HOUSE, THIRUVANKULAM P.O., THRIPPUNITHURA. 3. SANTHAKUMAR, S/O.LATE RAMAKRISHNA PILLAI MARANGATTU VEEDU, ADINADU NORTH P.O., KARUNAGAPPALLY REPRESENTED BY POWER OF ATTORNEY HOLDER GOURIKUTTY, W/O.LATE RAMAKRISHNA PILLAI, MARANGATTU VEEDU, ADINADU NORTH P.O., KARUNAGAPPALLY. 4. SREEKUMAR, S/O.LATE RAMAKRISHNA PILLAI MARANGATTU VEEDU, ADINADU NORTH P.O., KARUNAGAPPALLY BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, KOLLAM - 691001. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KARUNAGAPPALLY, KOLLAM - 690518. 3. VILLAGE OFFICER, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY, KOLLAM - 690518. 4. THE LABOUR COURT, KOLLAM – 690518. ...2/- WP(C).No. 11422 of 2011(C) -2- 5. N.SADASIVAN, PUTHUSSERIYIL VEEDU, ADINAD NORTH P.O., KARUNAGAPPALLY, KOLLAM - 690518. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695001. R1 TO R4 & R6 BY GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM, J - - - - - - - - - - -- - - - - - - - - - - - - - W.P.(C)No.11422 OF 20 11 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2011 J U D G M E N T Petitioners are the legal heirs of one Sri.Ramakrisha Pillai, who died on 7-6-2005. Ext.P1 award was passed by the Labour Court, Kollam against deceased Sri.Ramakrishna pillai,directing payment of a sum of Rs.40,855/- to the 5th respondent, who was the claimant before the labour court. Consequent to non-payment of the said amount, revenue recovery steps has now been initiated against the petitioners, on issuing Exts.P4 & P5. 2.Contention of the petitioners is that they have not inherited with any immovable properties from the deceased Sri.Ramakrishna Pillai and that the property which is now sought to be proceeded against stood already transferred in favour of the W.P.(C)No.11422 OF 20 11 2 petitioners even prior to the date of Ext.P1 award during the life time of the deceased. Hence such properties are not liable to be proceeded against, is the contention. 3.The dispute pertains to objections against steps initiated under the Kerala Revenue Recovery Act. Going by the provisions in the said statute, the petitioner has got remedy to raise such objections before the authority concerned and if any such objections are raised the authority under the Kerala Revenue Recovery Act is at an obligation to adjudicate upon the same and to take a decision. It is evident that the petitioner had issued a notice under Section 80 of the Code of Civil Procedure against the recovery steps as per Ext.P6. Hence I am of the view that interest of justice will be served if a direction is issued to the 2nd respondent to consider the objections raised therein and to take a decision thereon regarding the W.P.(C)No.11422 OF 20 11 3 sustainability of the proceedings against the immovable property, which is now under the ownership of the petitioners. In view of the relief proposed as above, I am not proposing to issue notice in this writ petition to the 5th respondent. 4. Therefore the writ petition is disposed of directing th 2nd respondent to consider the objections raised in Ext.P6, against the proceedings initiated under the Revenue Recovery Act and to pass appropriate orders thereon, after affording an opportunity of hearing to the petitioners,and the 5th respondent herein. A decision in this regard shall be taken as early as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. 4.Needless to say that further coercive steps can be pursued only after taking such decision and intimating the same to the petitioners. However, it is W.P.(C)No.11422 OF 20 11 4 made clear that attachment if any effected on the immovable properties will continue. It is further made clear that the respondent will be at liberty to proceed against properties if any remaining in the name of deceased Sri. Ramakrisha Pillai, who is the defaulter. C.K.ABDUL REHIM, JUDGE jkk