IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 110 of 2005(K) ------------------------ PETITIONER: ------------ 1. LILLY SIMON, AGED 54 YEARS, W/O. B.A.SIMON, BAVALLIL HOUSE, CHETTIBAGAM, VARAPPUZHA. 2. DIZY ANTONY, AGED 52 YEARS, W/O. ANTONY P.H., PATTAMANA HOUSE, THOTUMUGHAM, ALUVA. 3. MOLLTY GEORDY, AGED 47 YEARS, W/O. GEORDY JOSEPH, PITTAPILLIL HOUSE, MUVATTUPUZHA. 4. LIZY MATHEW, AGED 45 YEARS, W/O. K.G.MATHEW, KANAKKAT HOUSE, JANATHA ROAD, PALARIVATTOM, ERNAKULAM. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR (R.R), KANAYANNUR TALUK, ERNAKULAM. 4. JOSEPH FRANCIS, S/O. LATE FRANCIS, KALATHIPARAMBIL, RAVIPURAM, ERNAKULAM. G.P. SRI.TEKCHAND FOR R 1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF ORDER ISSUED BY R3 DT.10.12.04. P2: TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONERS BEFORE R3 DT.21.12.04. P3: TRUE COPY OF INTERIM ORDER DT.4.1.2005. P4: TRUE COPY OF NOTICE DT.5.3.05. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.110 of 2005 .................................................................... Dated this the 14th day of August, 2008. JUDGMENT The W.P. is filed challenging recovery proceedings on the ground that petitioners have also right in the property of the defaulter. Petitioners derived title to the property through their mother, who along with the defaulter-brother of the petitioners were the original owners of the property. Even though petitioners' mother died in 1996, petitioners have not chosen to claim the property. Apparently the claim is only to block recovery proceedings and to help the defaulter-brother. Government Pleader submitted that property is comprised of 28 cents and a building occupies 20 cents of land. If a single building is partitioned in pieces, then in the course of fragmentation value of the property will get reduced which is against the interest of petitioner also. In the circumstances, W.P. is disposed of directing the third respondent to sell the entire property immediately and apportion the sale proceeds among the legal heirs based on documents to be produced by them. Defaulter's share will be appropriated towards arrears of sales tax and balance will be distributed among the legal heirs. C.N.RAMACHANDRAN NAIR Judge pms