IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 6217 of 2010(B) ------------------------- PETITIONER(S): --------------- 1. BENNY JOSE, S/O. LATE JOSEPH MATHEW, ELENJICKAL HOUSE, SANADHANAM WARD, ALAPPUZHA. 2. BEJOY JOSE, S/O. LATE JOSEPH MATHEW, ELENJICKAL HOUSE, SANADHANAN WARD, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. TAHASILDAR, REVENUE RECOVERY UNIT, AMBALAPPUZHA TALUK, ALAPPUZHA. 3. THE COMMERCIAL TAX OFFICER, II CIRCLE, ALAPPUZHA. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 6217 of 2010 -------------------------------------- Dated, this the 25th day of February, 2010 J U D G M E N T The case of the petitioners is that the respondents are arbitrarily proceeding against the properties in question, over which the petitioners have got '2/3' share; despite the fact that the defaulter who is a co- owner of property was having only 1/3 of the total interest. The learned counsel for the petitioners submits that the grievance of the petitioners has already been taken up by filing Ext.P9 representation, which is stated as pending consideration before the 2nd respondent. It is also stated that the petitioners will be satisfied if appropriate directions are given to the 2nd respondent to consider Ext.P9 and pass appropriate orders thereon. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the 2nd respondent is directed to consider Ext.P9 and pass appropriate orders thereon, in accordance with law, after giving an opportunity of hearing to the petitioners. This shall be finalised as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. It is made clear that till such final orders are passed on Ext.P9 WP(C) No.6217/2010 2 and the same is communicated to the petitioners, all further coercive proceedings in respect of '2/3' share of the property in question shall not be pursued in any manner. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc