P.John Sam vs The District Collector on 6 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26811 of 2010(B)


1. P.JOHN SAM, AGED 73 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SPECIAL TAHSILDAR,

3. THE VILLAGE OFFICER,

4. CANARA BANK, ALUVA,

                For Petitioner  :SRI.SABU THOZHUPPADAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :06/09/2010

 O R D E R
                  C.K.ABDUL REHIM, J.

              --------------------------------------
               W.P.(C).No.26811 of 2010
              --------------------------------------

       Dated this the 6th day of September, 2010


                      J U D G M E N T

———————-

Grievance of the petitioner is that respondents

2 and 3 are threatening the petitioner with coercive

steps of attachment and sale of immovable properties

belonging to him, which is situated at his place of

residence. Revenue recovery proceedings in question

was initiated against the son of the petitioner, who had

defaulted repayment of Bank loan availed from the 4th

respondent. It is the contention of the petitioner that

the defaulter son is not residing with him and that the

movables situated in the house does not belong to the

defaulter. However, the petitioner had submitted

Ext.P2 objection before the 1st respondent with copy

thereof endorse to respondents 2 & 3. It is for the

concerned authorities dealing with the revenue

recovery proceedings to decide the question as to

whether the movables which are sought to be attached

W.P.(C).26811/10-B -2-

belongs to the defaulter or not.

2. Under the above circumstances the writ petition

is disposed of directing the 2nd respondent to consider and

to take appropriate decision on Ext.P2 submitted by the

petitioner, after affording an opportunity of personal

hearing. A decision in this regard shall be taken at the

earliest, at any rate within a period of one month from the

date of receipt of a copy of this judgment.

3. Till such time a decision is taken by the 2nd

respondent as directed above, movables situated in the

house belonging to the petitioner shall not be proceeded

against. It is made clear that this will not preclude the

authorities from proceeding against properties if any

belonging to the defaulter, either immovables or movables,

apart from those articles contained in the house wherein

the petitioner is residing.

C.K.ABDUL REHIM, JUDGE.

okb