IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 13801 of 2005(R) -------------------------- PETITIONER: ------------------- PADMAKSHI EDAVANAKKARAVATTOM, CHETHIKODE, PO, KANJIRAMATTOM. BY ADV. SMT.NAINA RAJI NAIR RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, KERALA HIGH COURT. 2. MAYADEVI, AMBATTU HOUSE, CHETTUPARA, ADIMALI. 3. UTHAMAN, C/O.MOHANDAS, AIYANIVAZHIYIL HOUSE, AMBALLUR P.O, PIN: 682 315. 4. EDAKKATTUVAYAL SERVICE CO.OPERATIVE BANK NO.389. EDAKKATUVAYAL VILLAGE, REPRESENTED BY SECRETARY. 5. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, KOCHI. 6. THE VILLAGE OFFICER(RECOVERY OFFICER) EDAKKATTU VAYAL, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 7. THE TAHASILDAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI. BY ADV. SMT.KOCHUMOL KODUVATH SRI.RAINGE KODUVATH BY GOVERNMENT PLEADER SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 13801/2005 APPENDIX PETITIONER'S EXHIBITS: ------------------------------------ EXT.P1: COPY OF THE MORTGAGE DEED DATED 25.9.2001. /TRUE COPY/ P.A. TO JUDGE C.N.RAMACHANDRAN NAIR, J. ------------------------------------------- W.P.(C).No.13801 of 2005 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The writ petition is filed challenging recovery proceedings for recovery of maintenance awarded by the Judicial First Class Magistrate Court in favour of the second respondent and her minor child against the third respondent. 2. When the writ petition is taken up today for hearing, counsel for the second respondent submitted that after obtaining the interim order of stay from this Court, petitioner sold the property. Sale after initiation of recovery proceedings is invalid under Section 44 of the Revenue Recovery Act. Even if properties are in the joint names of the petitioner and the defaulter, namely the third respondent, the Tahsildar should either sell the undivided right of the defaulter in auction and if it is not possible, immediately apply for partition of the property before the Civil Court and thereafter sell the property belonging to defaulter. The original petition is accordingly disposed of with direction to respondents 6 and 7 to proceed for recovery as stated above. C.N.RAMACHANDRAN NAIR, JUDGE csl