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2017 Supreme(Ker) 705

SHAJI P.CHALY
Sarafunneesa – Appellant
Versus
Village Officer, Narukara Village, Malappuram District – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.M. Sathyanatha Menon, Smt. Kavery S. Thampi, Sri. P. Arun Kumar (Moncompu)
For the Respondent: Santhosh Peter

JUDGMENT :

Shaji P. Chaly, J.

This writ petition is filed by the petitioner seeking to restrain respondents 1 to 3 from selling off petitioner's property covered by Ext.P1 for recovering the arrears due from the 4th respondent, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

2. Petitioner is allegedly the deserted wife of the 4th respondent. According to the petitioner, 4th respondent is now residing in Tamil Nadu with his second wife and children. Petitioner along with her children are residing in the property situated in Survey No. 241/2 after the marriage. Thereafter, when the marital relationship between the petitioner and 4th respondent got irretrievably broken down, due to the intervention of family members and using the fund raised by petitioner's family members, the property belonging to the 4th respondent situated in Survey No.241/2 was purchased in the name of the petitioner, evident from Ext.P1.

3. Now, the 1st respondent has proceeded to attach the property of the petitioner, admeasuring 4.99 cents, resorting to the provisions of the Kerala Revenue Recovery Act, in order to recover the dues from the 4th respondent. It is a














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