IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 15867 of 2005(L) -------------------------- PETITIONER: ------------ PATHANAPURAM BLOCK HOUSING CO-OPERATIVE SOCIETY LTD NO.Q 456, PUNALUR REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN RESPONDENTS: ------------- 1. THE TAHSILDAR (RR), PATHANAPURAM, PUNALUR. 2. THE VILLAGE OFFICER, PIDAVOOR, PATHANAPURAM. 3. BALAKRISHNA PILLAI, KRISHNAVILASOM, KAMUKAMCHERRY P.O. PUNALUR. ADDL. RESPONDENT: 4. THE ADDL. DIST. EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. (ADDL. RESPONDENT IS IMPLEADED VIDE ORDER DT.1.6.05 IN I.A. 7558/2005.) R1&2 BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF MORTGAGE DEED EXECUTED BY R3 IN FAVOUR OF PETITIONER SOCIETY DT.16.2.95. P2: TRUE COPY OF PLAINT FILED BY PETITIONER BEFORE THE ARBITRATOR IN ARC NO.376/99. P3: TRUE COPY OF AWARD PASSED BY THE ARBITRATOR IN ARC NO.376/1999 DT.27.5.2002. P4: TRUE COPY OF E.A. NO.19/2003 FILED BEFORE THE ARBITRATOR BY PETITIONER DT.19.2.2003. P5: TRUE COPY OF ATTACHMENT NOTICE DT.30.6.2003 ISSUED BY SALE OFFICER. P6: TRUE COPY OF REQUEST MADE BY PETITIONER TO THE TAHSILDAR, PATHANAPURAM DT.28.2.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.15867 of 2005 .................................................................... Dated this the 22nd day of August, 2008. JUDGMENT Even though petitioner's case is that the Tahsildar has not issued location and possession certificate for sale of defaulter's property in recovery proceedings, Government Pleader submitted that documents were furnished and pursuant to the same, 7 cents of land of the defaulter was sold in recovery proceedings for recovery of loan due to the petitioner. If further amount is due to the petitioner, it is for the petitioner to apply before the Tahsildar for lifting attachment for sale of the property. However, if the amount covered by recovery notice has priority over petitioner's claim, then the Tahsildar is free to sell the property for recovery of such arrears. Priority should be decided by him on petitioner's application. The W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms