Kerala High Court
Unknown vs By Adv. Sri.S.Harikrishnan on 29 June, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 17TH DAY OF FEBRUARY 2012/28TH MAGHA 1933
WP(C).No. 35751 of 2009 (L)
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PETITIONER
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SMT.RADHAMANI RAJENDRAN,
W/O.LATE RAJENDRAN,
KIZHAKKE VILAYIL HOUSE,
KALANJOOR P.O.
ADOOR.
BY ADV. SRI.S.HARIKRISHNAN
RESPONDENTS
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1. THE DEPUTY TAHSILDAR (RR), ADOOR.
2. SMT. M.ASMA BEEVI, CRECENT HOUSE,
DEPOT JUNCTION, KALANJOOR P.O.,
PATHANAMTHITTA DISTRICT.
BY GOVERNMENT PLEADER SRI.ROY THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MG
WP(C).No. 35751 of 2009 (L)
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APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1:- COPY OF THE COMMON ORDER DATED 29.06.2000 PASSED IN CONSUMER
O.P NOS.430,431 AND 432 OF 1999 PSSED BY THE STATE
COMMISSION.
EXT.P2:- COPY OF THE R.R NOTICE ISSUED BY THE 1ST RESPONDENT.
EXT.P3:- COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF
BIRTHS AND DEATHS, PUNALUR MUNICIPLITY.
EXT.P4:- COPY OF THE RATION CARD OF THE PETITIONER AND HER FAMIY
ISSUED BY THE TALUK SUPPLY OFFICER.
EXT.P5:- COPY OF THE COMMON REPRESENTATION DAED 04.12.2009 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS:-NIL
//TRUE COPY//
PA TO JUDGE
MG
K. VINOD CHANDRAN, J.
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W.P.(C). No. 35751 of 2009
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Dated this the 17th day of February, 2012.
JUDGMENT
This writ petition is filed challenging the revenue recovery proceedings initiated on the basis of an order passed by the Consumer Disputes Redressal Forum, Pathanamthitta. The petitioner is the wife of the opposite party before the CDRF. The CDRF by Ext.P1 had directed refund of the amount of Rs.11,000/- with 12% per annum from the date of the complaint till the date of realisation in three complaints by a common order. The complainants were also allowed to realize a sum of Rs.500/- as cost of proceedings from the opposite party. It is submitted that Ext.P1 order has become final and the opposite party therein is no more. The death of the opposite party, the husband of the petitioner is evidenced by Ext.P3. It is trite law that the petitioner's liability to satisfy the liability of the deceased husband is only to extent of the property which devolved on her on the death of her husband.
2. In the event of no property movable or immovable W.P.(C). No. 35751 of 2009 2 having devolved on the petitioner, there can be no proceedings for recovery of her husband's liability, against petitioner. The first respondent shall make enquires regarding the assets that devolved on the petitioner on the death of her husband and if such assets which can be proceeded against are available, the petitioner shall be given four installments to clear the dues to be recovered by Ext.P2. The above writ petition is disposed of on the following terms.
1) The petitioner shall produce a copy of this judgment before the first respondent within two weeks of receipt of the same.
2) The first respondent shall make enquiries and if the petitioner admits to assets having devolved upon the death of her husband or such facts are revealed on enquiry, the first respondent shall pass appropriate orders granting her four monthly installments from the date of passing of the order.
3) If the petitioner fails to produce the certified W.P.(C). No. 35751 of 2009 3 copy of the judgment before the first respondent, the Ext.P2 proceedings shall be continued.
4) The revenue recovery proceedings shall be kept in abeyance for two months, subject to the above conditions.
5) If the petitioner is found to have succeeded to no property of her husband on his death, needless to say the revenue recovery proceedings shall not be continued against the petitioner.
Sd/-
K. VINOD CHANDRAN, JUDGE Scl.
True Copy PA to Judge