IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No.28007 of 2008 ----------------------------- EP.36/2007 IN PLC.3/2005 of ADL.SUB COURT, THALASSERY .................... PETITIONER/JUDGEMENT DEBTOR ----------------------------------------- V.K.GOWRI AMMA, D/O.PARVATHY AMMA, AGED 78 YEARS, KAKKORATTU HOUSE, ANIYARAM P.O., PERINGALAM, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT/DECREE HOLDER ------------------------------------- T.M.RAMAKRISHNAN, S/O.KAMARAN NAMBIAR, "GREESHMAM", KOODALI AMSOM, KANNUR DISTRICT. ADV. SRI.P.U.SHAILAJAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28007 of 2008 -2- APPENDIX PETITIONER'S EXTS:- EXT. P1:- TRUE COPY OF E.P. NO.36 OF 2007 IN PLC NO.3 OF 2005 ON THE FILE OF THE ADDL. SUB JUDGE, THALASSERRY. EXT.P2:- TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.P. NO.36/07 IN PLC NO.3/05 ON THE FILE OF THE ADDL. SUB JUDGE, THALASSERRY ON 12/06/07. EXT.P3:- TRUE COPY OF THE OBJECTION TO THE DRAFT PROCLAMATION FILED BY THE PETITIONER IN MARCH, 2008. //TRUE COPY// P.A. TO JUDGE K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.28007 of 2008 ------------------------------------------------ Dated this the 12th day of November, 2008 JUDGMENT Heard counsel on both sides. The grievance of the petitioner is that an extent of 1.28 acres of land and 'tharvad' building, well etc. therein is attempted to be brought to sale including it in the draft sale proclamation; that the property is worth more than Rs.30 lakhs and the building itself will be worth more than Rs.20 lakhs; and that a portion of the property alone will be sufficient to satisfy the decree debt which will be less than Rs.2 lakhs. Counsel for the petitioner submits that the said objection has not been considered by the execution court and without considering that, the sale proclamation is settled and the case is posted for sale. Counsel for the respondent does not deny that the property that is brought to sale W. P. C. No.28007 of 2008 -2- is 1.28 acres of land with building therein though the petitioner has not produced a copy of the proclamation. It is however, a matter of deep concern if for an amount of rupees less than two lakhs an extent of 1.28 acres of land with a building is brought to sale without the execution court itself getting satisfied about the value of the property. 2. Considering the entire circumstances of this case, I direct that a portion only of the property of 1 acre and 28 cents not extending 25 cents alone shall be put to auction in the first instance and only in the event of there being no bidders to purchase that property for the balance debt need additional extent also be incorporated and brought to sale. The execution court shall do the needful in the matter while bringing the property to sale, as an ordinary prudent man W. P. C. No.28007 of 2008 -3- would do in relation to his own property. 3. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-