IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24225 of 2005(H)
1. JOSSON JOSE, PUTHUSSERIL HOUSE,
... Petitioner
Vs
1. THE DEPUTY TAHASILDAR (RR.)
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
3. THE VILLAGE OFFICER,
For Petitioner :SRI.M.V.PAULOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :21/07/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO.24225 OF 2005
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Dated this the 21st day of July, 2008
JUDGMENT
Petitioner is challenging recovery proceedings for recovery of
arrears of electricity dues due from the petitioner’s father. Petitioner
claims to be the owner of the property through Will executed by
defaulter’s mother. However, it is seen from the counter affidavit that
petitioner was 19 years old when the building was constructed in the
property. If property that belonged to the defaulter was transferred
through any dubious method to prevent recovery, then such transaction
can be ignored in adjudication proceedings under Section 46 of the RR
Act and Tahsildar can proceed for recovery against such property.
Since disputed facts are involved, it is for the petitioner to file a claim
petition before the first respondent to consider the same before sale of
the property. I make it clear that property should be sold only if it
belongs to the defaulter or it was transferred by thedefaulter to avoid
recovery. W.P. is disposed of directing the first respondent to consider
petitioner’s objections, and proceed for sale of the property if
permissible after disposing of the petitioner’s objections.
(C.N. RAMACHANDRAN NAIR)
Judge
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