P.J.Kuriakose vs District Collector on 17 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24732 of 2010(N)


1. P.J.KURIAKOSE, AGED 72 YEARS,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR,
                       ...       Respondent

2. DEPUTY TAHSILDAR(RR),

                For Petitioner  :SMT.P.VIJAYAMMA

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :17/08/2010

 O R D E R
                    P.R.RAMACHANDRA MENON, J
                   ---------------------------
                     W.P(C) No.24732 of 2010-N
                  ----------------------------
              Dated this the 17th day of August, 2010.

                           J U D G M E N T

The petitioner has approached this Court challenging the

recovery proceedings pursued by the respondents against the

properties of the petitioner on the strength of Ext.P4 notice of

attachment issued under the Kerala Revenue Recovery Act, in

respect of the dues stated as to be cleared by the daughter of the

petitioner.

2. The learned counsel for the petitioner submits that, the

petitioner is no way connected with the default of the daughter of

the petitioner, nor had stood as a guarantor to any transaction. The

property concerned covered by Exts.P1 to P3 exclusively belongs to

the petitioner and the defaulter, who is none other than the

daughter of the petitioner does not have any right, title, ownership,

possession or enjoyment with regard to the same, which hence is

not liable to be proceeded against.

3. The learned Government Pleader appearing for the

respondents submits on instructions that, the respondents are

W.P(C) No.24732 of 2010-N 2

intending to proceed only against the properties of the defaulter by

name Swapna Mol, whose name is shown in Ext.P4 notice and that

no steps are being pursued against the petitioner or the properties

of the petitioner, both movables or immovables.

4. In the above circumstances, this Court does not find it

necessary to consider anything else and the Writ Petition is disposed

of, recording the submission made as above, making it clear that

the respondents are at liberty to proceed with further steps for

realization of the amount due from the defaulter Swapna Mol or her

properties, if any.

Sd/-

P.R.RAMACHANDRA MENON
JUDGE

//True Copy//

P.A to Judge

ab

W.P(C) No.24732 of 2010-N 3