IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19513 of 2008(W) PETITIONER: --------------------- BUSHRAMOL PARUTHIKKUNNAN, D/O.MOHAMMED HAJI, PARUTHIKUNNAN HOUSE, PERUMANNA AMSOM DESOM, POST EDARIKKODE, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. SALES TAX OFFICER, TIRURANGADI. 3. TAHSILDAR (REVENUE RECOVERY) TIRUR. BY SPECIAL GOVERNMENT PLEADER SRI.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.19513 of 2008 W ------------------------- Dated this the 27th day of June, 2008. JUDGMENT The petitioner claims title to 22¾ cents of land comprised in R.S.No.229/1 of Perumanna Amsom, Klari Desom in Tirur Taluk as per document No.1421/95. The petitioner was a minor at the time of Ext.P1 and apparently, her mother had possessed the property on her behalf. The parties are Muslims. According to the petitioner, the property had been bequeathed in her favour by the original owner of the same, her grandmother on an oral Will and the assignment effected under Ext.P1 is only in recognition of the said bequest. This could be a seriously disputed fact. Apparently, by Ext.P2 series receipts, it is seen that there is mutation of the property in the name of the petitioner and she has been remitting the basic tax. The said property is now brought to sale under the Revenue Recovery Act, as evidenced by Exts.P3 and P4. According to the petitioner, this is allegedly for recovery of amounts due from the petitioner's father. W.P.(C).NO.19513/08 :: 2 :: 2. In my view, the remedy of the petitioner is to seek a declaration of her title under Ext.P1, on the strength of her assertion that the property was originally bequeathed in her favour. This could be done only before a Civil court. 3. In the result, the writ petition is disposed of directing the respondents not to proceed further with the sale notified under Exts.P3 and P4 for a period of 10 weeks from today. It is open to the petitioner to move the appropriate civil court, after issuing a notice under Section 80 of the Code of Civil Procedure, and seek appropriate interim reliefs therein. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge