IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 24717 of 2004(P) -------------------------------------- PETITIONERS: --------------------- P.VALSALA, W/O.LATE SHRI.N.PODIYAN, SUNIL BHAVAN, KARAVALOOR P.O., PUNALUR. BY ADV. SMT.SANGEETHA LAKSHMANA RESPONDENTS: ----------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PUNALUR. 2. DEPUTY TAHSILDAR (RR), TALUK OFFICE, PATHANAPURAM, PUNALUR. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 24717/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE AGREEMENT DT. 10.2.98, BETWEEN THE HUSBAND OF THE PETITIONER , SHRI.PODIYAN AND ONE NISSAR . P2:- COPY OF THE DEMAND NOTICE BEARING NO.C1/KET 6465/2001/PLR DT. 9.7.01 ISSUED BY THE IST RESPONDENT TO THE HUSBAND OF THE PETITIONER, SHRI.PODIYAN. EXT.P3:- COPY OF THE LAWYER NOTICE BEARING NO.52/01 DT. 30.7.01 ISSUED TO THE IST RESPONDENT. P4:- COPY OF THE DEATH CERTIFICATE CERTIFYING THE DEATH OF THE PETITIONER ISSUED BY THE COMPETENT AUTHORITY DT. 7.9.01. P5:- COPY OF THE DEMAND NOTICE BEARING NOS. 1829/01 DT. 23.11.01 ISSUED UNDER SEC. 7 AND 3 OF THE KERALA REVENUE RECOVERY ACT ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE DEMAND NOTICE NOS. 1830/01 DT. 23.11.01 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.24717 of 2004 ----------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT In the matter of revenue recovery proceedings initiated against the petitioner there is already an interim order dated 18-8-2004 which reads as follows:- “The respondents shall try to seize and sell the lorry with registration No.KET 6465. If the deceased registered owner, Mr.Podiyan has left any estate, revenue recovery proceedings can be initiated against it, only after issuing notice to the legal heirs.” It is made clear that only after exhausting the steps as stated in the order the petitioner shall be proceeded against. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.24717 of 2004 ----------------------------------- JUDGMENT 29th September, 2008