V.T. SHAJI Vs. THE DISTRICT COLLECTOR, ERNAKULAM

JUDGEMENT

(1.) Going by the averments in the writ petition, the Motor Accident Claims Tribunal, Perumbavoor passed an award for Rs. 10,19,102/- against the 4th respondent. On that basis, revenue recovery proceedings are initiated against the property in which the petitioners also have interest. It is challenging the said revenue recovery proceedings, this writ petition is filed. The averments in the writ petition show that the property which is proceeded against originally belonged to the deceased father of the petitioners and the 4th respondent. If that be so, the 4th respondent also has interest over the property and the recovery proceedings can only be to the extent of that interest. Consequently, recovery proceedings initiated by the first respondent against the property in question cannot be stated to be illegal.

(2.) Therefore, clarifying the position as aforesaid, this writ petition is closed.