IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 6800 of 2008(H) ------------------------- PETITIONER: ------------ JUSTIN JOSE, AGED 38 YEARS, S/O.ANTONY THAZHATHUTHAKADIYEL HOUSE, ANAKKALLU P.O. KANJIRAPPALLY, KOTTAYAM DISTRICT, NOW RESIDING AT SKY LINE VILLAS, VILLAS NO.14, JAWAHAR NAGAR KADAVANTHRA. BY ADV. SRI.TOJAN J. VATHIKULAM SRI.BIJU JOSEPH RESPONDENTS: ------------- 1. THE TAHSILDAR, KANJIRAPPALLY TALUK KOTTAYAM. 2. THE VILLAGE OFFICER KANJIRAPPALLY VILLAGE, KOTTAYAM. 3. V.T.JOSEPH, VATTAVAYALIL, ANAKKALLU KANJIRAPPILLY, KOTTAYAM. BY SHRI.MATHEW GEORGE VADAKKEL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P(C) No. 6800 OF 2008 ----------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT According to the petitioner, steps have been taken by the 1st respondent to conduct the sale of a property belonging to the 3rd respondent by enforcement of Ext.P2 notice and in the course of the same, a portion of the property belonging to the petitioner in the northern side, situated adjacent to the property scheduled to Ext.P2, is also likely to be sold. According to him, though this was pointed out to the Tahsildar, no steps have been taken in that regard. 2. In my view, petitioner’s remedy lies before the Sale Officer. Obviously, only a property belonging to the defaulter can be brought to sale. If a property which is neither attached nor belonging to the defaulter is proposed to brought to sale, then there are remedies open to the owner of the property, both before and immediately after the sale is conducted. Without prejudice to the right of the petitioner, this writ petition is closed. V. GIRI, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3