JUDGMENT

The petitioner, who is the wife of one Ibrai who in turn is the 1st accused in C.C. No. 56/2002 arising out of crime No. 143/2001 of Vellamunda Police Station for offences punishable under Sections 143, 147, 353 r/w Section 149 IPC, seeks to quash Ext.P3 order dated 04.10.2006 passed by the Magistrate, Mananthavady under Section 83 Cr.P.C authorising the District Collector, Wayanad to attach the property of the said Ibrai. The petitioner also seeks to quash Ext.P4 notice issued by the 2nd respondent, the Tahsildar, Mananthavady pursuant to Ext.P3 order.

2. According to the petitioner her husband Ibrai has been missing since 14.04.2002 and she had lodged a complaint before the Vellamunda Police who registered a case as crime No. 173/2002 on 04.11.2002 under the caption “man missing” and the police, after investigation have eventually filed Ext.P2 final report to the effect that the whereabouts of the petitioner's husband could not be traced. The petitioner would have it that her husband was actually missing but he was wrongly treated as absconding by the learned Magistrate and steps were initiated for transferring his case to the Long Pending register. She would submit that