MUHAMMED FAROOK Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to respondents 1 and 2 from proceeding against the petitioner under Sec.44 of the Kerala Revenue Recovery Act, 1968 [for short, 'the Act, 1968'] and to declare that the property of the petitioner covered by Exts.P1 and P2 cannot be proceeded for realizing the debt of the 3rd respondent. Petitioner also seeks to quash Ext.P9 order dated 15.10.2014, stipulating that, only if an amount of Rs.1, 24, 512/- on account of the order of the Motor Accidents Claims Tribunal, Irinjalakuda in E.P.No.119/2012 in O.P.(MV) No.63 of 2007 is paid, the liability will stand discharged, and that the recovery action is maintainable against the property purchased by the petitioner from the 3rd respondent judgment-debtor in the award.

(2.) Material facts for the disposal of the writ petition are as follows:

(3.) Petitioner as per Exts.P1 and P2 sale deeds dated 05.07.2011 and 06.07.2011 purchased an extent of 30 cents of property from the 3rd respondent. There were two claim petitions pending against the 3rd respondent before the M.A.C.T., Irinjalakuda, Thrissur District, as O.P. (MV) Nos.62/2007 and 63/2007. On 17.12.2010, judgments were pronounced in O.P.(MV) No.62/2007 and O.P. (MV) No.63/2007, evident from Exts.P3 and P4 proceedings sheet, imposing liability against respondents 3 and 4.