IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 37267 of 2004(J) -------------------------- PETITIONER: ------------ GEETHA RAJAN,AGED 48 YEARS, PANAGHATTU PARAMBIL HOUSE,PEECHANIKKADU, PULIYANAM P.O.,ANGAMALY VIA. BY ADV. SMT.MARY BEENA JOSEPH RESPONDENTS: ------------- 1. THAHSILDAR,REVENUE RECOVERY, KANAYANNUR TALUK,ERNAKULAM. 2. VILLAGE OFFICER,MARADU,ERNAKULAM. 3. C.S.VIJAYAN,AGED 47 YEARS, KIZHAKKEKUZHUPILLIL HOUSE,NETTOOR P.O., MARADU (VIA),ERNAKULAM. R1 AND R2 BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPRESENTATION DATED 20.12.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 37267 OF 2004 -------------------------------------------- Dated this the 1st day of January, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of MACT award passed against third respondent, who is petitioner's brother. According to the petitioner, petitioner is entitled to one-fourth right in the total extent of property in the possession of the third respondent, which is 7-1/2 cents of land. If petitioner has only one- fourth right, then even if the property is partitioned, petitioner will get less than two cents. Partition of the property by metes and bounds will affect the interest of the petitioner and other joint owners because if it is fragmented the same will go to reduce the value of the property. In the circumstances, and if all joint owners agree, the first respondent will sell the entire property in public auction within four months from now and release only so much share of the third respondent to MACT for payment to the beneficiaries of the award and distribute the balance proceeds among the other legal heirs. It will be between petitioner and defaulter to enter into any arrangement between them and other legal 2 heirs and if they settle the liability within three months from now, petitioner and other legal heirs will be allowed to enjoy the property or make sale by themselves. They can even enter into sale agreement but sale deed will be executed on clearing arrears. If the joint owners do not sell or agree to sell in revenue sale, then the recovery authority will try to sell undivided right of the defaulter failing which he will apply for partition of property before Munsiff Court and if any such application is filed, the Munsiff Court will pass decree withins three months from the date of filing of application. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge 3