IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 28316 of 2004(U) ---------------------------------------- PETITIONER(S): ----------------------- 1. MURALEEDHARAN, AGED 63, S/O.GOVINDANKUTTY NAIR, ANITHA NIVAS, NEDUMPURA VILLAGE, THAZHAPRA DESOM, TALAPPILLY TALUK. 2. INDIRA DEVI, AGED 54, W/O.MURALEEDHARAN, ANITHA NIVAS, NEDUMPURA VILLAGE, THAZHAPRA DESOM, TALAPPILLY TALUK. BY ADV. SRI.G.SREEKUMAR(CHELUR), SRI.SAJITH KUMAR KANGHINGHAT. RESPONDENT(S): --------------------------- 1. VILLAGE OFFICER, NEDUMPURA VILLAGE OFFICE, NEDUMPURA, THRISSUR DIST, TALAPPILLY TALUK. 2. DEPUTY TAHASILDAR (RR), TALUK OFFICE, TALAPPILLY TALUK. 3. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, TRIVANDRUM. R1 TO R4 BY GOVT. PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28316/2004-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ASSIGNMENT DEED NO.2362/1974 OF WADAKANCHERY S.R.O. DATED 14/12/1974 EXECUTED BY ONE AMINA UMMA & KUNJU MOIDU IN FAVOUR OF THE PETITIONERS CONCERNING 54 CENTS IN SURVEY 248/PART OF NEDUMPURA VILLAGE. EXT.P2: COPY OF THE ASIGNMENT DEED NO.2361 OF 2001 OF WADAKKANCHERY S.R.O. DATED 30/07/2001 EXECUTED BY PETITIONER IN FAVOUR OF SEEMA RAVEENDRAN CONCERNING 10 CENTS OF PROPERTY OUT OF 54 CENTS IN SURVEY 248. EXT.P3: COPY OF THE ASSIGNMENT DEED NO.2079 OF 2003 OF WADAKANCHERY S.R.O. DATED 25/06/2003 IS EXECUTED BY SEEMA RAVEENDRAN IN FAVOUR OF ASHOK KUMAR AND SUNITHA CONCERNING 10 CENTS OF PROPERTY OUT OF 54 CENTS IN SUREY 248. EXT.P4: COPY OF THE DEMAND NOTICE NO.D3-19331/04 ISSUED UNDER SECTION 34 OF REVENUE RECOVERY ACT ADDRESSED TO SRI.AJAYA KUMAR DEMANDING Rs.37,460.00 TOWARDS M.V.T. ISSUED BY RESPONDENT NO.2. EXT.P5: COPY OF THE DEMAND NOTICE D3-19331/04 ISSUED UNDER SECTION 7 OF REVENUE RECOVERY ACT DATED 04/09/2004 ISSUED BY RESPONDENT NO.2. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 28316 OF 2004 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of September, 2010 JUDGMENT The petitioners are stated as aggrieved of the proceedings taken by the respondents, issuing Ext. P4 and P5 notices, seeking to realize the amount stated as due from the son of the petitioners, payable under the Kerala Motor Vehicles Taxation Act. The specific contention of the petitioners is that, they are no way connected with the dues mentioned in the impugned notices and that the properties described in the Writ Petition and covered by Exts. P1 and P2 are exclusively belonging to the petitioners, which is not liable to be proceeded against, on the strength of Exts.P4 and P5, admittedly issued in the name of the son of the petitioners. 2. The learned Government Pleader, with reference to the contents of the counter affidavit filed by the second respondent, submits that, the revenue recovery notices have been issued (Exts. P4 and P5) in the name of the son of the petitioners, as revealed therefrom, and that no steps or proceedings are intended to be proceeded against the petitioners or their properties. 3. In the above circumstances, the Writ Petition is disposed of, making it clear that, the properties of the petitioners shall not be proceeded W.P. (C) No. 28316 of 2004 :2: against, on the strength of Exts. P4 and P5 and further that, this judgment will not stand in the way of the concerned respondents to proceed against the properties of the actual defaulter/guarantor in accordance with the relevant provisions of law. P. R. RAMACHANDRA MENON JUDGE kmd