IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23983 of 2007(E)
1. C.K.SHAIJA, W/O. RAJAN, AGED 30 YEARS,
... Petitioner
Vs
1. MAR APRAIM KURI COMPANY LTD.,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :09/08/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C)No.23983 OF 2007 E
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Dated this the 9th August, 2007.
JUDGMENT
This writ petition is filed seeking to set aside Ext.P3
order. The decree holder had obtained a decree against the
defendants and the present writ petitioner is one of the
legal representatives of deceased Koran. What the court
below has done is by effecting an order of attachment of
salary of the legal heir the decree debt is attempted to be
wiped out. It is a settled position of law that only the
assets available in the hands of the legal representatives
can be proceeded against and not the personal assets of the
legal heirs. Just because she had obtained employment
under the dying in harness scheme it will not entitle the
decree holder to attach her salary. The writ petitioner
has filed counter to that effect but the court below has
not considered it even. Therefore, the order passed by the
court below is per se illegal, which has to be set aside.
Therefore, I set aside the order passed by the court below
and direct the court to reconsider the matter in the light
of the objections filed by the writ petitioner, after
hearing both sides. Since it is being disposed of at the
admission stage itself, the court below is directed to give
notice to the decree holder, fix a date and then dispose of
WPC 23983/07 2
the matter in accordance with law. Till effective
adjudication is done the court shall not attach the salary
of the present writ petitioner. Writ petition is disposed
of accordingly.
M.N.KRISHNAN
Judge
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