IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 2002 of 2008(L) ------------------------- PETITIONER: ------------ M.S.RASHEED, AGED 61 YEARS, S/O.THE LATE M.SHAIK IBRAHIM SAHIB, RESIDING AT `ANUGRAHA', NEDUMPARAMBUKUNNU, VALLIPARAMBU P.O., KOZHIKODE-8. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOZHIKODE. 3. TAHSILDAR (REVENUE RECOVERY), KOZHIKODE. 4. VILLAGE OFFICER, KUTTIKKATTOOR VILLAGE, KOZHIKODE DISTRICT. 5. COMMERCIAL TAX OFFICER, II CIRCLE, KOZHIKODE. BY G.P. SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008, THE COURT ON 01/04/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE DOCUMENT NO.154/1969 OF SRO CHEVAYOOR. P2: .DO. NO.1052/1976 .DO. P3: TRUE COPY OF BASIC TAX RECEIPT DT.16.11.2006 ISSUED BY THE KUTTIKKATTOOR VILLAGE OFFICE TO THE PETITIONER. P4: TRUE COPY OF NOTICE OF ATTACHMENT DT.25.2.2005 ISSUED BY R3 TO THE PETITIONER. P5: TRUE COPY OF PETITION DT.6.12.2005 SUBMITTED BY PETITIONER TO R3. P6: TRUE COPY OF ENCUMBRANCE CERTIFICATE DT.3.10.05 ISSUED BY SRO, CHEVAYOOR. P7: TRUE COPY OF RELEASE DEED DT.25.9.01 REGISTERED AS DOCUMENT NO.1840/2001 OF SRO, KOZHIKODE JOINT-II. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.2002 of 2008 .................................................................... Dated this the 1st day of April, 2008. JUDGMENT Since petitioner's case is that he is defaulter's father and his property cannot be proceeded against, W.P. is disposed of directing the third respondent to verify the title deeds of the properties and to proceed only against the property of the defaulter after identifying the same. The petitioner can produce title deeds before the third respondent for verification. If defaulter has transferred any property to evade recovery, then the Tahsildar can ignore the transaction after issuing notice to the present owner and proceed for recovery as provided under Section 53 of the Transfer of Property Act and Section 44 of the Revenue Recovery Act. In any case petitioner's self-acquired property should not be proceeded against. C.N.RAMACHANDRAN NAIR Judge pms