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.
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W.P.(C) NO. 26942 OF 2008 (G)
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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