IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 26316 of 2008(G) -------------------------- PETITIONER(S): ------------------- B.VIONOD KUMAR, AGED 38 YEARS S/O. BALAKRISHNAN NAIR, VINOD BHAVAN, VELLOORKUNNAM MUVATTUPUZHA. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): ------------------------ 1. THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA. 2. THE VILLAGE OFFICER, VELLOORKUNNAM VILLAGE. 3. THE TAHSILDAR, MUVATTUPUZHA TALUK. 4. P.V.ARUN KUMAR, S/O. VISWANATHAN NAIR, PULIKKAL HOUSE, VELLOORKUNNAM MARKET P.O.,MUVATTUPUZHA. BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 26316/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE SALE DEED NO.4112 OF 2006 OF MUVATTUPUZHA SUB REGISTRY. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 26316 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2008 JUDGMENT Case of the petitioner in brief is as follows: Petitioner is the absolute owner of the property comprised in Ext.P1 sale deed. Petitioner has obtained the said property from his mother- in-law. Fourth respondent is the brother-in-law of the petitioner. He does not have any property. He is in arrears. The complaint is that pursuant to the recovery steps taken against the fourth respondent, the property of the petitioner is being proceeded against. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. Learned Government Pleader on instructions submits that the petitioner is not a defaulter, and the property is not being proceeded against and the defaulter is being proceeded against. I record the submission of the learned Government Pleader that there is no move to proceed against the property of the petitioner and close the writ petition. (K.M. JOSEPH, JUDGE) sb