IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 38231 of 2007(B) -------------------------- PETITIONER: ------------ MARY, AGED 65 YEARS, W/O.LATE EARNEST, KAREKKAT HOUSE, PALLIPPURAM, KUZHUPPILLY VILLAGE, KOCHI TALUK. BY ADV. SRI.P.K.SAJEEV SRI.JACOB GEORGE (PARAVUR) RESPONDENTS: ------------- 1. JOSEPH, S/O.EARNEST, KAREKKAT HOUSE, PALLIPPURAM, KUZHUPPILLY VILLAGE, KOCHI TALUK. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. TAHSILDAR (RR), KOCHI. 4. VILLAGE OFFICER, KUZHUPPILLY VILLAGE OFFICE, KUZHUPPILLY. BY GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 38231 of 2007 -------------------------- Dated this the 2nd January, 2008 J U D G M E N T The petitioner claims to be the owner of the building constructed in the property belonging to her son. She is aggrieved that proceedings under the Revenue Recovery Act are taken against the movables, which she claims belongs to her and is kept in her house. Petitioner refers to Exhibits P1 and P2 to contend that the building belongs to her though the property stands in the name of the defaulter. 2. The petitioner moved the Munsiff's Court, North Paravur in O.S No.678 of 2007 seeking a declaration and injunction. In Exhibit P5 application for injunction, the learned Munsiff issued notice and the same stands posted to 24.1.2008. The petitioner has approached this Court at a point of time when sale of the property was scheduled to be held on 27.12.2007. I have heard the learned counsel for the petitioner and the learned Government Pleader also. In my view, as the petitioner has already approached the Civil Court, it is upto the petitioner to prosecute the suit and application for injunction. In the circumstances, the writ petition seems to be misconceived. The writ petition is dismissed. (V.GIRI, JUDGE) ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007