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 OP.No. 3989 of 2001(Y) ---------------------- PETITIONER: ------------ 1. S.K. MOHAMMED KUNJU, SON OF KASSIM, SHANKARAMKUZHI HOUSE, SASTHALAYIL, ERNAKULAM ROAD, ALUVA. 2. AYSHA, D/O. SHANKARAMKUZHI KASSIM, SASTHALANE, EKM ROAD,ALUVA. BY ADV. SRI.M.A.KHADIRKUNJU RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, ERNAKULAM. 2. DEPUTY TAHSILDAR (RR), TALUK OFFICE, ALUVA 1 BY GOVERNMENT PLEADER SMT. SMITHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 6589 OF 2001 IN OP 3989 OF 2001 DISMISSED 4.1.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF REVENUE TAX FOR THE YEAR 1997-98 SIGNED BY VILLAGE OFFICER FOR RS. 5/-. EXT.P2 TRUE COPY OF THE PROPERTY TAX FOR THE YEAR 2000-01 FOR RS. 59/- SIGNED BY BILL COLLECTOR DATED 30.8.2000 EXT.P3 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE RR ACT SIGNED BY DEPUTY TAHSILDAR, ALUVA DATED 14.12.2000 EXT.P4 TRUE COPY OF THE ;DEMAND NOTICE UNDER SECTION 34 OF R.R. ACT SIGNED BY DEPUTY TAHSILDAR, ALUVA DATED 14.12.2000 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 3989 OF 2001 -------------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Petitioners are challenging recovery proceedings initiated for recovery of maintenance award against the petitioners' brother. The only case is that property is joint property. If the property is a joint property, the undivided right of the defaulter will be attached and sold in recovery proceedings. Counsel for the petitioners submitted that maintenance case appears to be settled. O.P. is therefore disposed of directing the second respondent to verify whether the demand is subsisting and if so to attach and sell the undivided right of the defaulter and recover the arrears. (C.N. RAMACHANDRAN NAIR) Judge 2