IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3697 of 2008() ---------------------------------------- PETITIONER: --------------------- 1. K.C.SIVANANDAN, AGED 55 YEARS, S/O.CHIPPU ACHARI, KANAKANAYYAPPAN PARAMBIL HOUSE, POTTENTHERURVU, K.M.K. JUNCTION, N.PARAVUR VILLAGE, PARAVUR TALUK, ERNAKULAM. (NOW RESIDING AT DOOR NO.46/257, SUKRAVAR PETTAI, COIMBATORE-1) 2. K.C.VISALAKSHI, AGED 51 YEARS, D/O.CHIPPU ACHARI, RESIDING AT DOOR NO.88/134, SELVAPURAM, COIMBATORE - 2. 3. K.C.NATARAJAN, AGED 50 YEARS, S/O.CHIPPU ACHARI, RESIDING AT DOOR NO.88/134, SELVAPURAM, COIMBATORE - 2. 4. K.C.SUSHEELA, AGED 45 YEARS, D/O.CHIPPU ACHARI, RESIDING AT DOOR NO.88/134, SELVAPURAM, COIMBATORE - 2. 5. K.C.AMBIKA, AGED 40 YEARS, D/O.CHIPPU ACHARI, RESIDING AT DOOR NO.88/134, SELVAPURAM, COIMBATORE - 2. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMARAN (PARAVUR) RESPONDENTS: ------------------------- 1. AMMUKUTTY AMMAL, AGED 78 YEARS, W/O.CHIPPU ACHARI, KANAKANAYYAPPAN PARAMBIL HOUSE, POTTENTHERUVU, PARAVUTHTHARA, N.PARAVUR. 2. K.C.RADHAMANI, AGED 43 YEARS, D/O.CHIPPU ACHARI, KANAKANAYYAPPAN PARAMBIL HOUSE, POTTENTHERUVU, PARAVUTHTHARA, N.PARAVUR. 3. K.C.KANAKAMMA, AGED 38 YEARS, D/O.CHIPPU ACHARI, KANAKANAYYAPPAN PARAMBIL HOUSE, POTTENTHERUVU, PARAVUTHTHARA, N.PARAVUR. 4. K.G.JAYARAM, AGED 43 YEARS, S/O.GANGADHARAN, KALLARAKKAL HOUSE, PALLIPORT P.O., PALLIPPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. 5. SECRETARY, PARAVUR CO-OPERATIVE BANK LTD.NO.1759, MOOKAMBI, N.PARAVUR. BY SR.GP. SMT. ANU SIVARAMAN FOR R6 AND 7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 3697 OF 2008 = = = = = = = = = = = = = Dated this the 31st day of January, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T Petitioners contend that they and respondents 2 and 3 are the children of the first respondent and Chippu Achari, who jointly obtained Ext.P1 purchase certificate under the Kerala Land Reforms Act and therefore, the property covered by that document belongs to them jointly, at least, in so far as the estate of Chippu Achari is concerned. It is pleaded that the first respondent has created a sham document in favour of the 2nd respondent, who later, on the strength of it, transferred that property to the 4th respondent, who in turn availed a loan from the 6th respondent, which led to arbitration proceedings under the KCS Act, resulting in the impugned sale proceedings. 2. From what is stated above, the petitioners could sustain their claim if any, by recourse to the KCS Act and Rules. They have a proper forum for that. If the petitioners file a claim petition before the competent authority, the same may require to be adjudicated subject, of course, to any sustainable defence, including as against its maintainability. W.P.(C).No. 3697 OF 2008 2 Under the aforesaid circumstances, this writ petition is dismissed without prejudice to the right of the petitioners to move the competent authority for such relief. However, in the interregnum, it is directed that the impugned sale proceedings shall not be confirmed for a period of one month from now to provide the petitioner sufficient time to file a claim petition. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-