High Court Kerala High Court

Fathimabeevi vs The Tahsildar (R.R.) on 19 October, 2007

Kerala High Court
Fathimabeevi vs The Tahsildar (R.R.) on 19 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31109 of 2007(C)


1. FATHIMABEEVI, W/O. MUHAMMED KUNJU,
                      ...  Petitioner

                        Vs



1. THE TAHSILDAR (R.R.),
                       ...       Respondent

2. THE VILLAGE OFFICER,

3. THE FEDERAL BANK,

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :19/10/2007

 O R D E R
                          V. GIRI ,J.
                -------------------------------
                WP(C).NO.31109 of 2007
               ---------------------------------
     Dated this the 19th         day of October, 2007

                      JUDGMENT

The petitioner is aggrieved by Ext.P1 notice under

the Revenue Recovery Act, showing that the petitioner’s

son Hashim has defaulted the loan amount and it is being

enforced, as against the petitioner, and the movable

assets belonging to her kept in her house. In my view,

the claim made by the petitioner should be by way of a

claim petition under the Revenue Recovery Act. The

petitioner has detailed her grievances under Ext.P3.

2. In the facts and circumstances of the case, after

hearing the learned counsel for the petitioner and the

learned Government Pleader, the writ petition is disposed

of directing the first respondent to look into Ext.P3,

consider the claim of the petitioner as regards the title to

the movables which are kept in her house and take a

decision thereon, within a period of six weeks from the

W.P.(C)31109/2007 -2-

date of receipt of a copy of this judgment. Till a decision is

taken on Ext.P3, enforcement of Ext.P1 shall be kept in

abeyance, insofar as the petitioner and the assets kept by

her in her house are concerned.

V. GIRI, JUDGE

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