IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 36520 of 2010(L) --------------------------------- PETITIONER(S): ------------------- P.V.JITHAN, PARATHYAMPALLIL, THAIKKAL.P.O. CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): --------------------- 1. THE SPECIAL DEPUTY THAHSILDAR(RR), K.S.F.E. LTD., KUMARANASAN SMARAKA MANDIRAM, COURT ROAD, ALAPPUZHA-1. 2. THE MANAGER, K.S.F.E., KALAMASSERY BRANCH, P.O.KALAMASSERY, ERNAKULAM DIST-683104. 3. THE VILLAGE OFFICER, CHERTHALA NORTH VILLAGE, P.O.CHERTHALA, ALAPPUZHA DIST-688524. 4. P.V.DINESHAN, PARATHYAMPALLIL, THIAKKAL.P.O., CHERTHALA, ALAPPUZHA DIST-688554. R1-2 BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. R3 BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 36520/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PARTITION DEED NO.1770/1970 DATED 13/04/1970. P2: COPY OF THE PHOTOGRAPHS (5 NOS.) OF THE SERPENT GROVES IN THE PROPERTY. P2(a):COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, CHERTHALA SOUTH GRAMA PANCHAYATH DATED 06/12/2010. P3: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT IN RESPECT OF THE PROPERTY OF THE 4TH RESPONDENT. P4: COPY OF THE SALE NOTICE DATED 07/07/2009 SCHEDULING THE SALE ON 20/08/2009. P5: COPY OF THE SALE NOTICE DATED 07/07/2009 SCHEDULING THE SALE P6: COPY OF THE SALE NOTICE DATED 22/06/2010 SCHEDULING THE SALE ON 13/07/2010. P7: COPY OF THE SALE NOTICE DATED 19/07/2010 SCHEDULING THE SALE ON 19/08/2010. P8: COPY OF THE SALE NOTICE DATED NIL SCHEDULING THE SALE ON 09/12/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S.SIRI JAGAN, J. ================== W.P.(C).No. 36520 of 2010 ================== Dated this the 28th day of July, 2011 J U D G M E N T The petitioner is a guarantor for certain loan amounts advanced by the 2nd respondent to the 4th respondent. The 4th respondent is the brother of the petitioner. The petitioner's grievance is that although the properties of the 4th respondent have been attached by respondents 1 and 3, instead of selling those properties, they are proceeding against the properties of the petitioner, who is only a guarantor. The petitioner, therefore, seeks the following reliefs; “i) Writ in the nature of Certiorari or any other appropriate writ, order or direction directing the respondents to recall the Exhibit P8 sale notice and quash the same as illegal. ii) Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to proceed against Ext.P3 property of the 4th respondent and only then proceed against the property of the petitioner. iii) Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to keep Exhibit P8 sale in abeyance till such time, this Court may be deem fit to grant.” 2. Notice has been taken out to the 4th respondent and served on him. On 20.7.2011, an advocate appeared on behalf of the 4th respondent and sought time to file counter affidavit. But it appears that no vakkalath has been filed by the counsel and no counter affidavit also has been filed. The petitioner alleges that there is collusion between the revenue authorities and the 4th respondent so as w.p.c.36520/10 2 to exclude the 4th respondent's property from being proceeded against and to put the petitioner's property to sale. Nobody is present today also for the 4th respondent. 3. Having heard the parties present, I dispose of this writ petition with the following directions: Respondents 1 and 3 shall first proceed against the properties of the 4th respondent and the 4th respondent for recovery of the amounts due. The same shall be taken up and completed within two months from today. Only if the amounts recovered by proceeding against the properties of the 4th respondent and the 4th respondent, are not sufficient to cover the amounts due to the 2nd respondent, the properties of the petitioner shall be proceeded against. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge