IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 27042 of 2006(T) ----------------------------------------- PETITIONER(S): ----------------------- 1. A.M. JOSE, AGED 42 YEARS, S/O. LATE MARSHAL, ARAKKAL HOUSE, ARTHINKAL P.O., CHERTHALA. 2. NIJIN MARSHAL, AGED 29 YEARS, S/O. LATE MARSHAL, ARAKKAL HOUSE, ARTHINKAL P.O., CHERTHALA. BY ADV. SRI.V.L.SHENOY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. 2. TAHSILDAR, CHERTHALA. 3. VILLAGE OFFICER, CHERTHALA SOUTH. 4. TAHSILDAR, AMBALAPPUZHA. 5. BASIL MARSHAL, AGED 38 YEARS, S/O. MARSHAL, ARAKKAL HOUSE, CHERTHALA SOUTH. ADV. SMT.D.JAYASREE FOR R5 SRI.L.JAYAWANTH FOR R5 by GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27042/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CERTIFICATE NO.LR.NOCC.10009/02/DMOHA DT. 13.6.02 ISSUED BY DISTRICT MEDICAL BOARD TO THE IST PETITIONER. P2:- COPY OF THE CERTIFICATE NO.853/03/MDH DT. 27.2.03 ISSUED BY DISTRICT MEDICAL BOARD TO THE 2ND PETITIONER. P3:- COPY OF THE JUDGMENT DT. 8.8.06 IN WPC. 4129/06 ON THE FILE OF HIGH COURT OF KERALA. P4:- COPY OF THE COUNTER AFFIDAVIT FILED BY 2ND RESPONDENT IN WPC. NO.4129/06 OF HIGH COURT OF KERALA DT. 31.7.06. P5:- COPY OF THE POWER OF ATTORNEY NO.68/92 DT. 28.2.92. P6:- COPY OF THE REPRESENTATION DT. 12.9.06 MADE BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.27042 of 2006 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ of mandamus or any other appropriate writs or directions inter alia directing the respondents 1 to 4 to proceed against the 5th respondent who is holding the immovable properties of the “real defaulters” by virtue of Ext.P5.” It is seen that the petitioners have submitted Ext.P6 before the District Collector, Alappuzha. There will be a direction to the District Collector, Alappuzha to consider Ext.P6 with notice to the petitioners and the 5th respondent and take appropriate action thereon in accordance with law within four months from the date of production of a copy of the judgment. It is made clear that the contention regarding availability of land to the actual defaulter as noted in Ext.P5 will be considered by the District Collector and steps shall be taken by the Collector to first proceed against the available property of the actual defaulter. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.27042 of 2006 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.