IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 22014 of 2008(U) -------------------------- PETITIONER: ------------ BUSHARA, AGED 41 YEARS, W/O BASHEER, THACHERIKUDY MUCHETH HOUSE, ARACKAPADY VILLAGE, VENGOLA KARA, KUNNATHUNADU TALUK, PONJASSERY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: ----------------- 1. THE VILLAGE OFFICER, ARACKAPADY VILLAGE, VENGOLA P.O., PERUMBAVOOR 683554. 2. THE DEPUTY TAHSILDAR, (REVENUE RECO ERY), KUNNATHUNNADU, TALUK OFFICE, PERUMBAVOOR. 3. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU. BY GOVERNMENT PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 22014 of 2008 -------------------------------------------------------- Dated: JULY 22, 2008 JUDGMENT In this writ petition, by Ext.P4, revenue recovery proceedings were initiated against the husband of the petitioner. It is contended that though the petitioner is a total stranger to the liability incurred by her husband, properties belonging exclusively to the petitioner are being proceeded against for realising he husaband's due. It is urging this complaint, the petitioner has filed Ext.P5 application before the 3rd respondent and the limited relief that is sought for in this writ petition is a direction to the 3rd respondent to consider and pass orders on Ext.P5. 2. If, as stated by the petitioner, the liability is exclusively that of her husband and that the properties against which proceedings are initiated are that of the petitioner-wife, prima facie there is substance in what the petitioner contends. This being a question of fact and as the petitioner has already moved the 3rd respondent, I direct the 3rd respondent to take note of Ext.P5, consider the same with notice to the petitioner and pass orders thereon. This shall be done as expeditiously as possible, WP(C) 22014/08 2 and at any rate, within four weeks of production of a copy of this judgment. In the meantime, further proceedings pursuant to Ext.P4 will be kept in abeyance. 3. Petitioner shall produce a copy of this judgment before respondents 2 and 3 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-