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Judgment
Petitioner is the son of a person who had abkari business.
However, on 24.3.1998 petitioner''s father executed sale deeds
as per Ext.P1 and P2 in favour of the petitioner transferring 15
cents of property, where he is now living with his mother.
Petitioner''s father died in December, 2016. Now, petitioner is
served with Ext.P3 notice for sale of her properties covered by
Exts.P1 and P2 in order to recover the alleged dues from his
father. It is also submitted that, on verification of the record,
petitioner has came across Ext.P3 notice of attachment dated
8.3.1999, by which, properties in Exts..P1 and P2 was also
attached towards the abkari dues. The grievance highlighted by
the petitioner in this writ petition is that statutory protection
provided under Section 44 of the Kerala Revenue Recovery Act
is not even provided to the petitioner. Thereupon, petitioner
seeks appropriate direction enabling the petitioner to file a
suitable objection to the issue in question and contest he
proceedings
Having regard to the facts and circumstances of the
case and hearing respective counsel, petitioner is permitted to
submit a representation within two weeks from the date of
receipt of a copy of this judgment before the second
respondent, who will consider the said objection in accordance
with law and attain finality within six weeks from the date of
receipt of the said objection. In the fitness and fairness of things
I think it is only proper that a direction is issued in respect of
the coercive action by selling the property. Therefore, there will
be a direction to the second respondent to keep the
proceedings of sale pertaining to Ext.P3 in abeyance, till such
time a decision is taken as directed above.
Writ petition is disposed of accordingly.