IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 9150 of 2005(L) ------------------------- PETITIONER: ------------ K.K. DAMODHARAN, S/O. KRISHNAN, AGED 83 YEARS, KARIYATTUKARAKARAN HOUSE, LALUR, ARANATTUKARA, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE VILLAGE OFFICER, ARANATTUKARA, THRISSUR DISTRICT. 3. RAJKUMAR K.V., KUSUMA NIKETH, GURUVAYOOR ROAD, KUNNAMKULAM, THRISSUR DISTRICT. R1 AND R2 BY G.P. SRI. K.P. PRADEEP R3 BY ADV. SRI.P.C.SASIDHARAN SRI.S.SHAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT IN CC NO. 412/1997 OF THE JFCM, KUNNAMKULAM DATED 12.1.2000 EXT.P2 TRUE COPY OF THE PARTITION DEED DATED 26.4.1968 BETWEEN THE PETITIONER AND HIS BROTHERS. EXT.P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.4.2004 ISSUED BY THE SECOND RESPONDENT FOR THE ABOVE PROPERTY. EXT.P4 TRUE COPY OF THE RECEIPT DATED 12.7.2004 EVIDENCING PAYMENT OF PROPERTY TAX IN THE THRISSUR CORPORATION. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9150 OF 2005 -------------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Since the claim of the petitioner is that the property belongs to him and not to the defaulter-son, W.P. is disposed of directing the Tahsildar to verify the title deeds and exclude the petitioner's property. However, if the defaulter has any right in the property, his right in the property can be sold in recovery proceedings. (C.N. RAMACHANDRAN NAIR) Judge 2