IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 961 of 2009 (M) -------------------------------- AGAINST THE ORDER IN IA 2344/06 IN GOP.324/2003 of I ADDL.DISTRICT COURT, THRISSUR .................... PETITIONER: --------------- LONAPPAN, S/O. MANJALI DEVASSY, AMBALLUR DESOM AND VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.LEGY ABRAHAM SRI.M.L.SHAJAN RESPONDENTS: ------------------ 1. ROSMIN, W/O. LATE RAFI, THEKKINIAN HOUSE, KORATTY.P.O, KORATTY DESOM, MURINGOOR THEKKUMURI VILLAGE, MUKUNDAPURAM TALUK. 2. SHALI JOHNSON, W/O. JOHNSON, KOONAM HOUSE, NEAR NATIONAL HIGH SCHOOL, IRINJALAKUDA. 3. MOLY SUNNI, W/O. SUNNI, KATTUKKARAN HOUSE, MUPLIYAM.P.O, PUDUKKAD VIA. 4. DOLY THOMAS, W/O. THOMAS, PAYYAPPILLY HOUSE, KARINKULAM KADAVU, VELUPPADAM, MUKUNDAPURAM. 5. DEYONA RAFI, REPRESENTED BY NATURAL GUARDIAN AND MOTHER, ROSMIN, MANJALI LATE RAFI JOHN, AMBALLUR DESOM AND VILLAGE, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.961 of 2009 ------------------------------------------------ Dated this the 9th day of January, 2009 JUDGMENT The petitioner who is the father-in-law of the first respondent and grand father of minor fifth respondent objects to and assails Ext.P1 order passed by the District Court granting permission to the first respondent to dispose of the property belong to the minor for a consideration of not less than Rs.14 lakhs. 2. On hearing the counsel for the petitioner, when several clarifications were asked for from him as regards the observations made by the court below in Ext.P1 and as to the basis on which the petitioner contends that the property will be worth much more than Rs.14 lakhs the counsel for the petitioner is unable to give any reply. All the same, he contends that the petitioner's case is that W. P. C. No.961 of 2009 -2- the property is worth Rs.60 lakhs. In the circumstances of the case, I direct that the District Judge before approving the proposal for sale of the minor's property for a consideration of not less than Rs.14 lakhs by the first respondent, will afford an opportunity to the petitioner herein to submit proposals from anybody else who offers to purchase the property for a higher amount. If such an offer comes, the court below shall cause the difference between Rs.14 lakhs and the higher price offered to be deposited before the court first, either by the petitioner or by the purchaser who is got down by the petitioner so that the person who offers the amount or the petitioner cannot cause delay and withdraw from the offer putting the interest of the first respondent and the minor fifth respondent to peril. W. P. C. No.961 of 2009 -3- 3. This Writ Petition is disposed of with the above directions. Registry shall forward a copy of this judgment to the court below forthwith. The petitioner shall also be at liberty to produce a copy of this judgment in the court below if he so desires, but with notice to the first respondent. 4. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-