Kerala High Court

WP(C)/38309/2008 of ANITHAKUMARI.K.V. Vs DISTRICT COLLECTOR AND OTHERS on 30 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38309 of 2008(I) -------------------------- PETITIONER(S): --------------- ANITHAKUMAR K.V., W/O.LATE K.P.PRATHAPAN, PANJARAM, THENHIPALAM

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930

WP(C).No. 38309 of 2008(I)

--------------------------

PETITIONER(S):

---------------

ANITHAKUMAR K.V.,

W/O.LATE K.P.PRATHAPAN,

PANJARAM, THENHIPALAM P.O.,

MALAPPURAM DISTRICT.

BY ADV. SRI.SUNIL V.MOHAMMED

RESPONDENT(S):

---------------

1. THE DISTRICT COLLECTOR,

MALAPPURAM DISTRICT.

2. THE DEPUTY TAHSILDAR (ARREAR COLLECTION)

TALUK OFFICE, THIRURANGADI,

MALAPPURAM DISTRICT.

3. THE VILLAGE OFFICER,

MOONIYUR VILLAGE, MOONIYUR P.O.,

THIRURANGADI TALUK, MALAPPURAM DISTRICT.

4. THE VILLAGE OFFICER,

THENHIPALAM VILLAGE, THENHIPALAM P.O.,

THIRURANGADI TALUK, MALAPPURAM DISTRICT.

5. THE BRANCH MANAGER,

SYNDICATGE BANK, CALICUT-CHEROOTY ROAD

BRANCH, KOZHIKODE.

6. T.C.SHANKARAN, S/O.CHATHAPPAN,

ASSISTANT, UNIVERSITY OF CALICUT,

CALIUCT UNIVERSITY P.O.,

MALAPPURAM DISTRICT.

R1 TO R4 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN, J.

------------------------------------------- W.P(C).No.38309 OF 2008 ------------------------------------------- Dated this the 30[th] day of December, 2008

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JUDGMENT

The petitioner states that there can be no recoveryproceedings in relation to some of the properties becausethose items, including movables and immovables, belongexclusively to her and not to her late husband K.P.Pratapan,who is a debtor. This is a matter that the petitioner has toagitate under the provisions of the Revenue Recovery Actbefore the competent authority. It is pointed out thatExt.P3 is pending in that regard. Under suchcircumstances, it is directed that Ext.P3 or any other claimpetition filed by the petitioner in accordance with the RRAct will be considered by the competent authority inaccordance with law. Further action against the petitionerwill stand suspended on such decision. It is directed thatany such decision shall be expedited and shall be takenwithin a period of three months from the date of receipt of a WPC.38309/08

copy of this judgment and a copy of this writ petition andany other petition that the petitioner may present alongwith a copy of the judgment, which shall be done within oneweek from the date of issuance of a copy of this judgmentfrom this Court. The writ petition is ordered accordingly.

Sd/-

kkb.

THOTTATHIL B.RADHAKRISHNAN,Judge.

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