IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21517 of 2009(H)
1. JOSE, S/O.LATE JOSEPH, AGED 45 YEARS,
... Petitioner
Vs
1. THE SPECIAL SALE OFFICER,
... Respondent
2. VILVATTAM SERVICE CO-OPERATIVE BANK
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/07/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 21517 OF 2009 (H)
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Dated this the 30th day of July, 2009
J U D G M E N T
Petitioner submits that his mother had availed of a loan from
the 2nd respondent offering sureties for the same. It is stated that
his mother and the sureties have expired, and now revenue
recovery proceedings have been initiated against the self
acquired properties including movables belonging to the
petitioner. It is stated that on receipt of the proceedings for the
recovery of the amount, he has filed Ext.P3 before the 1st
respondent and that ignoring the same, proceedings are being
continued.
2. If as stated by the petitioner, the properties against
which the proceedings are now initiated are his self acquired
properties, obviously the said properties cannot be proceeded
against. However, it is a matter for the 1st respondent to consider
and decide. As according to the petitioner, he has filed Ext.P3
before the 1st respondent, I direct the 1st respondent to take note
of Ext.P3 and consider the same, if that objection has been
received, with notice to the petitioner, before further proceedings
WPC 21517/09
:2 :
for realisation of the liability of his mother is continued.
3. Petitioner shall produce a copy of this judgment along
with a copy of this writ petition before the 1st respondent for
compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp