IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 33935 of 2009(J) ---------------------------------- PETITIONER(S): -------------------- T.P.PUSHPALATHA, AGED 39 YEARS, D/O.PONNAMMA, THEGUVILA VEEDU, KAKKODU, VALAKKODU VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SRI.SREEVALSAN.V RESPONDENT(S): ---------------------- 1. REHABILITATION PLANTATION LTD., PUNALUR, REP. BY ITS MANAGING DIRECTOR. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR, PATHANAPURAM TALUK, PUNALUR. 4. THE VILLAGE OFFICER, VALACODE VILLAGE, PUNALUR. GOVERNMENT PLEADER MR. BINOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 33935 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2009 J U D G M E N T Petitioner is aggrieved by the revenue recovery steps initiated pursuant to Exts.P6 and P7 notices. The arrears sought to be recovered is amounts due from the husband of the petitioner with respect to a contract entered by him with the first respondent company. Contentions of the petitioner is that, eventhough proceedings under the Revenue Recovery Act was initiated only against her husband, the respondents 3 and 4 are now proceeding against property in joint ownership of the petitioner and her husband. According to the petitioner, the property which is in joint ownership contains a house which was put up by her on expending her own fund. It is also pointed out that the movables sought to be attached from the said house also belongs to her. However, it is evident that the property is in joint ownership of the petitioner and her husband. That being so, the property is liable to be proceed, only to the extent of interest held by the defaulter, the husband of the petitioner. 2. The petitioner had already submitted an objection before the second respondent with copies endorsed to WPC.33935 of 2009 : 2 : respondents 3 and 4. The provisions of Kerala Revenue Recovery Act enables any person who is holding any interest in a property which is sought to be proceeded against to raise objections or to seek release such property from attachment, on proving such claims of interest. Therefore, considering the facts and circumstances that the petitioner is allegedly a co- owner of the property, the respondents 3 and 4 are bound to adjudicate on such objections. 3. Under the above circumstances, the writ petition is disposed of directing the 3rd respondent to consider Ext.P8 objection raised by the petitioner with respect to proceedings initiated against the property which is in joint ownership of the petitioner and her husband. It is made clear that a decision on Ext.P8 shall be taken before proceeding with further coercive steps for sale of the property or before any movable is being attached from the property. A decision in this regard shall be taken as early as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. ( C.K. ABDUL REHIM, JUDGE) jma