Suhuda Raja vs The Deputy Tahsildar (Rr) on 24 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30986 of 2008(L)


1. SUHUDA RAJA, W/O.LATE V.K. RAJA,.
                      ...  Petitioner

                        Vs



1. THE DEPUTY TAHSILDAR (RR),
                       ...       Respondent

2. THE VILLAGE OFFICER, KUTYIYATHODU

3. THE MANAGER, DHANALAKSHMI BANK,

4. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  :C.K.KARUNAKARAN

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :24/10/2008

 O R D E R
                         K. M. JOSEPH, J.
                  --------------------------------------
                   W.P.C. NO. 30986 OF 2008 L
                  --------------------------------------
                 Dated this the 24th October, 2008

                            JUDGMENT

Petitioner is the mother of Mr. Mohammed Shine Raj and

Mr. Mohammed Spice Raj. Apparently, it is submitted by the

learned counsel for the third respondent, Dhanalakshmi Bank

that they have availed loans from the Bank and there are arrears.

According to petitioner, her sons have no right or interest over

the property of the petitioner and she is the sole owner of the

movables and immovable properties and she never stood as a

guarantor also, and she is not a partner of the Firm of her sons. It

is also stated that her sons are not residing with her. Petitioner

had approached this Court earlier, culminating in Ext.P3

Judgment. This Court observed that in view of the intervening

developments, in case she has any grievance left, she may

approach the District Collector. Petitioner has approached the

District Collector. No doubt, the property of the petitioner

cannot be proceeded against. It is stated that no decision has

WPC. 30986/08 L 2

been taken on Ext.P4. I heard the learned Government Pleader

also. The Writ Petition is disposed of directing the fourth

respondent District Collector to consider and take a decision on

Ext.P4 in accordance with law, with opportunity of hearing to

the petitioner and the third respondent, within a period of three

weeks from the date of receipt of a copy of this Judgment. Till

such time as a decision is taken as aforesaid, it is ordered that

the recovery steps against the properties of the petitioner will be

kept in abeyance.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy //

PS to Judge