High Court Kerala High Court

Devasia Thachukunnel vs Special Deputy Tahsildar (Rr)& … on 17 October, 2008

Kerala High Court
Devasia Thachukunnel vs Special Deputy Tahsildar (Rr)& … on 17 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30707 of 2008(E)



1. DEVASIA THACHUKUNNEL
                      ...  Petitioner

                        Vs

1. SPECIAL DEPUTY TAHSILDAR (RR)& OTHERS
                       ...       Respondent

                For Petitioner  :SRI.V.T.MADHAVANUNNI

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :17/10/2008

 O R D E R
        Thottathil B. Radhakrishnan,  J.
       ==================================
            W.P.(C)No.30707 of 2008
       ==================================
    Dated this the 17th day of October, 2008.


                    JUDGMENT

Petitioner contends that the respondents

have, without authority and jurisdiction,

initiated distress action against the

properties, which belong to him absolutely, for

recovery of arrears of his wife, by way of dues

under the Motor Vehicles Taxation Act. The

only plea, even going by the grounds in this

writ petition, is that his wife Mary Devassia

is doing independent business and petitioner is

not liable for her dues and his property cannot

be attached and sold for dues recoverable from

his wife. This is a plea that the petitioner

has to raise before the appropriate authority

under the R.R.Act, for adjudication, in

accordance with law. On the face of that

WPC30707/08

-:2:-

alternate remedy, this writ petition fails. It

is accordingly dismissed.

Thottathil B.Radhakrishnan,
Judge.

sl.