IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 32530 of 2005(V) -------------------------- PETITIONER: ------------ ANNAKUTTY JOSEPH, W/O. LATE V.T. JOSEPH 1/262, VAYALAT HOUSE, FORT KOCHI, KOCHI-1. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR (R.R.) KOCHI, ERNAKULAM. BY G.P. SRI. TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PARTITION DEED EXT.P2 TRUE COPY OF THE NOTICE DATED 7.10.2005 EXT.P3 TRUE COPY OF THE PROCEEDINGS OF TAHSILDAR DATED 30.6.2004 EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 19.11.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 32530 OF 2005 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Petitioner is challenging recovery proceedings by attachment and sale of the property of the defaulters in which petitioner claims to have life interest. Government Pleader reported that out of Rs. 53 lakhs together with interest, defaulters have paid Rs. 43 lakhs-odd. If the petitioner wants to retain the life interest petitioner has to settle liability or otherwise property will be sold in recovery proceedings. W.P. is closed with the above observation. However, petitioner or defaulters, as the case may, is/are granted three months' time from today to settle the liability, failing which property will be sold. (C.N. RAMACHANDRAN NAIR) Judge kk 2