IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WA.No. 1522 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7355/2010 DATED 22/07/2011 .................... APPELLANT(S): / 4TH RESPONDENT -------------- JANAMMA CHELLAPPAN, THULAMUTTATHIL VEEDU, CHAMPAKULAM PANCHAYAT, KUTTANADU TALUK, CHAMPAKULAM VILLAGE, ALAPPUZHA. BY ADV. SRI.MAURICE VINCENT RESPONDENT(S): / PETITIONERS 1 & 2 AND RESPONDENTS 1 TO 3 IN THE WP(C) --------------- 1. T.K.SOMANATHAN, THULAMUTTATHIL VEEDU, NEDUMUDI, CHAMPAKULAM, KUTTANADU, ALAPPUZHA, PIN - 679 533. 2. VIJAYAMMA, W/O.T.K.SOMANATHAN, THULAMUTTATHIL VEEDU, NEDUMUDI, CHAMPAKULAM, KUTTANAD, ALAPPUZHA, PIN - 679 533. 3. THE DISTRICT COLLECTOR, ALAPPUZHA, PIN - 688 001. 4. THE TAHSILDAR, KUTTANADU TALUK, ALAPPUZHA DISTRICT, PIN - 688 001. 5. THE VILLAGE OFFICER, NEDUMUDI VILLAGE, ALAPPUZHA DISTRICT, PIN - 688 001. BY SRI.S.SANAL KUMAR SRI.GEORGE MECHERIL, SR. GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1522 of 2011 .................................................................... Dated this the 19th day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. This Writ Appeal is filed against the judgment of the learned Single Judge permitting recovery of arrears from defaulter's property. The judgment is rendered in the WP(C) filed by guarantors, whose case is that defaulter's several items of property on his death devolved on his wife, who is the legal heir, the 4th respondent in the WP(C) and the appellant before us. The learned Single Judge without exonerating the guarantors directed sale of defaulter's property first and later if required the guarantors' property. 2. The appellant's case is that the defaulter had during his life time sold property to his brother and that property also should be attached and sold in recovery proceedings. We do not know on what basis the appellant can raise this contention because when the appellant succeeds property of the defaulter W.A.No.1522/2011 2 she has to necessarily discharge the debts due from the defaulter. The judgment of the leaned Single Judge, in our view, is perfectly in accordance with the law, logic and justice. We do not find any ground to interfere with the same. However, we feel if wisdom prevails on the appellant to raise funds either by sale of any item of property or otherwise and settle liability, she will be the gainer, because if property devolved on her on the death of the defaulter is sold the same will not fetch market value and the appellant will be the looser. In the circumstances, we give an opportunity to the appellant to furnish an undertaking to discharge the liability within a reasonable time before the recovery authority and along with it deposit the title deeds of property, and if it is done the recovery authority will give maximum of two months time conditionally for the appellant to discharge the liability and to release the title deeds. In the absence of the undertaking made by the appellant within ten days from now, defaulter's property will be sold without any delay in terms of the W.A.No.1522/2011 3 direction issued by the learned Single Judge, and if sale of the defaulter's property did not fetch sufficient amount to meet the liability then, recovery can be made by sale of the property of the guarantors. This Writ Appeal is dismissed but by granting the above facility to the appellant. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg