IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 25725 of 2008(K) -------------------------- PETITIONER: ------------------ K.K.KOCHEPENNU,W/O K.K. KUNJUKUNJU, KALLUVELIL HOUSE, MEVELLOR KARA, VELLOOR VILLAGE. BY ADV. SRI.DEVAN RAMACHANDRAN RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION,VELLOOR. 3. DIRECTOR, CENTRAL STATE FARM, ARALAM FARAM P.O., KANNUR DISTRICT. 4. K.K. KUNJUKUNJU, CONTRACTOR, RESIDING AT KALLUVELIL HOUSE, MEVELLOOR KARA, VELLOOR VILLAGE, VAIKOM TALUK. BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.25725 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of September, 2008 JUDGMENT Petitioner is the wife of the fourth respondent. She is a member of the Scheduled Caste and owner of eight cents. According to her she obtained property by way of sale deed executed by her mother-in-law, the fourth respondent and Smt.Karthiyani, the sister of the fourth respondent. Ext.P1 is the document. Petitioner is paying tax in respect of the property. This is evidenced by Exts.P2(a) and P2(b). Petitioner availed a loan from the Federal Bank. There is a decree obtained against the petitioner by the Bank. The matter is pending in execution. According to the petitioner there is no other debt due from the petitioner. It is stated that the third respondent initiated certain proceedings against the fourth respondent, who is the husband of the petitioner, for recovery of money allegedly due from him. It is stated that the third respondent has no manner of right to proceed against the petitioner or against the property of the petitioner for any debt allegedly due from the fourth respondent. Petitioner has submitted Ext.P3 petition. The only prayer in the writ petition is to compel the first respondent to dispose of Ext.P3 petition. The petitioner, I note, has actually filed the petition before the Collector. The prayer is to dispose of the matter by the WPC. 25725/2008. 2 first respondent. The first respondent is the State of Kerala. 2. Learned Government Pleader on instructions submits that actually the third respondent had filed an arbitration case against the fourth respondent and an award was passed and it is put in execution. I would think that this is a matter where the petitioner should be relegated to approach the Civil Court. If the petitioner is sought to be dislodged from possession, which she claims to be in, and the petitioner has an independent title, which she can protect in law, it is for her to approach the Civil Court and seek appropriate relief. I see no ground to grant the relief sought for by the petitioner. Accordingly the writ petition is disposed of without prejudice to the right of the petitioner to approach the appropriate court. (K.M. JOSEPH, JUDGE) sb