Allowed

Santhakumari Amma v. State of Kerala

Kerala HC25 May 2007WP(C)/7201/2007

Case brief

AI extract

What is this about?

Petitioner challenged recovery proceedings against her property, which she claimed belonged to her, while recovery was initiated against her son's loan arrears. The Court disposed of the petition directing recovery only from the defaulter's property.

What did the court decide?

Respondents 2 and 3 directed to proceed for recovery only against the defaulter's property after identifying it.

Santhakumari Amma Vs State of Kerala — Execution and Attachment | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

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FRIDAY, THE 25TH MAY 2007 / 4TH JYAISHTA 1929

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WP(C).No. 7201 of 2007(G) -------------------------

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PETITIONER:

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SANTHAKUMARI AMMA, D/O BHAVANI AMMA, AGED 55 YEARS, RESIDING IN THEVALUKATTU HOUSE, THOTTUVATHALA MURI, KAINAKARI VILLAGE, ALAPPUZHA.

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BY ADV. SRI.K.S.HARIHARAPUTHRAN

SRI.GEORGE MATHEW

RESPONDENTS:

STATE OF KERALA REP. BY DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA.

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DEPUTY TAHSILDAR(RR), TALUK OFFICCE, KUTTANADU TALUK, ALAPPUZHA.

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VILLAGE OFFICER, KAINAKARY VILLAGE, KUTTANADU TALUK, ALAPPUZHA.

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STATE BANK OF TRAVANCORE, KAINAKARY BRANCH, ALAPPUZHA DISTRICT, REP. BY IT'S BRANCH MANAGER.

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RAJESH KUMAR M.G, THEVALUKATTU HOUSE, THOTTUVATHALA MURI, KAINAKARI VILLAGE, ALAPPUZHA.

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BY ADV. SRI.M.PATHROSE MATTHAI (SR.) - FOR R4 SRI.SAJI VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No. 7201/2007

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APPENDIX

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PETITIONER'S EXHIBITS

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P1 : COPY OF SALE DEED NO. 223.

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P2 : COPY OF THE TAX RECEIPT IN THE YEAR 2006-07.

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P3 : COPY OF THE REVENUE RECOVERY DEMAND NOTICE.

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P4 : COPY OF THE NOTICE OF ATTACHMENT.

// TRUE COPY //

PA TO JUDGE

C.N.RAMACHANDRAN NAIR, J.

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WP(C) No. 7201 of 2007

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Dated, this the 25^th day of May, 2007

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J U D G M E N T

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Petitioner is challenging recovery proceedings for recovery of loan arrears due from 5^th respondent. According to the petitioner property belongs to the petitioner and not of defaulter. Learned counsel for the petitioner rightly submitted that since loan is not secured on petitioner’s property, it cannot be proceeded against, merely because the defaulter is her son. WP(C) is therefore disposed of directing respondents 2 & 3 to proceed for recovery against defaulter’s property only, after identifying the property as that of the defaulter. In other words, no immovable property or movables of the petitioner shall be proceeded against recovery proceedings initiated against her son.

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This WP(C) is disposed of as above.

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(C.N.RAMACHANDRAN NAIR, JUDGE.)

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Santhakumari Amma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Santhakumari Amma v. State of Kerala

Case brief

What is this about?

What did the court decide?

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