IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 20839 of 2009(Y) -------------------------- PETITIONER: ------------------ ELIZEBATH GEORGE, AGED 62 YEARS, W/O.P.GEORGE PHILIP, HOUSE NO.1/126, DC ROAD, FORT KOCHI, ERNAKULAM. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR(RR), KOCHI. BY GOVERNMENT PLEADER SRI. V.K.SHAMSUDIN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, ALONG WITH WPC NO. 11287 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20839 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF SALE DEED NO.693/1981 DATED 26.2.1981. P2 : COPY OF PROCEEDINGS NO.A5-7541/93, 19279/93, A5-6994/89 AND A2-1/88 DATED 8.5.2009. P3 : COPY OF LAWYER'S NOTICE DATED 23.1.2009. P4 : COPY OF AUCTION NOTICE NO.A5-7541/93, 19279/93, A5-6994/89 AND A2-1/88 DATED 1.7.2009. RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- C.K.ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20839 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of September, 2009 J U D G M E N T 1. The petitioner is one of the co-owner, among 8 persons, with respect to 81.75 cents of property comprised in Sy.No.2407/13 of Thoppumpady Village. Some of the co- owners defaulted payment of sales tax due to the Government with respect to some business activities, and one of the co-owners had defaulted payment of liability raising out of an award passed by the workmen compensation commissioner. Grievance of the petitioner is that on initiating revenue recovery steps for realisation of the above liabilities pursuant to Exts.P2 and P4 notices, the Tahsildar had unilaterally partitioned the property and 20 cents out of the joint ownership is separated and put to auction sale. According to the petitioner such an action on the part of the Tahsildar is untenable, since he has no legal right to effect unilateral partition the property, behind back of other co-owners. W.P.(C) No.20839 of 2009 2 2. The learned Government Pleader on instructions submitted that the proceedings initiated for sale of a portion of the property has already been dropped and fresh steps has already been initiated for putting to sale the undivided share of defaulters, in public auction. Under the above circumstances it seems that there exist no grievance for the petitioner and the issue involved in this writ petition does not survive for further consideration. In the result the writ petition is disposed of recording the above said submissions of the respondents. C.K.ABDUL REHIM, JUDGE. app/-