High Court Kerala High Court

Elsy vs The State Of Kerala on 11 February, 2009

Kerala High Court
Elsy vs The State Of Kerala on 11 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26942 of 2008(G)


1. ELSY, AGED 63, W/O LATE GEORGE,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. THE DISTRICT COLLECTOR, AYYANTHOLE,

3. THE TAHSILDAR, MUKUNDAPURAM TALUK

4. THE VILLAGE OFFICER, KIZHAKECHALAKUDY,

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/02/2009

 O R D E R
                          ANTONY DOMINIC, J.
                         ==============
                    W.P.(C) NO. 26942 OF 2008 (G)
                   ====================

              Dated this the 11th day of February, 2009

                             J U D G M E N T

The grievance of the petitioner is that for realising the dues of her

son Sri.Edison, the respondents are taking revenue recovery proceedings

against the property of the petitioner, the mother.

2. Today, when the matter came up, learned Government

Pleader sought to justify the proceedings taken against the properties of

the petitioner on the ground that Sri.Edison, her son, is a defaulter

towards the Motor Transport Workers Welfare Fund Scheme.

3. May be, the petitioner’s son is a defaulter to the Motor Transport

Workers Welfare Fund Board, but still such liability cannot be recovered

from the properties belonging to the petitioner. If at all any amount is due

from the defaulter, it is open to the authorities to proceed against the

defaulter and realise the same.

The writ petition is therefore disposed of directing that the

properties belonging to the petitioner shall not be proceeded for realising

the dues of her son Sri.Edison.

ANTONY DOMINIC, JUDGE
Rp