This order dismisses the writ petition filed by Lekshmy Kurup challenging the revenue recovery sale of her property. The court affirms the Commissioner's order setting aside the sale due to excess sale and directs the Tahsildar to verify worker dues and arrange future sales only as required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
SATURDAY, THE 1ST DECEMBER 2007 / 10TH AGRAHAYANA 1929
OP.No. 11993 of 2002(C) -----------------------
PETITIONER:
LEKSHMY KURUP, D/O.BHAGAVAL DAS, 702, PANCHAVADI APARTMENTRS, PANCHAVADI COLONY, VYTTILA, KOCHI-19.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS:
BY SMT. SMITHA, GOVERNMENT PLEADER
SRI.K.RAMAKUMAR SRI.T.K.AJITH KUMAR SRI.JOSE KUTTIYANY SRI.V.C.JAMES SRI.ANTONY JOSEPH V. SRI.PAUL JOSE
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.NO. 11993/2002
ORDER ON CMP NO. 20663/2002 IN O.P.NO. 11993/2002 & ORDER ON CMP NO. 3971/2003 IN CMP NO. 20663/2002 IN O.P.NO. 11993/2002
DISMISSED.
01/12/2007 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE)
APPENDIX
PETITIONER'S EXHIBITS
P3 : COPY OF THE REPRESENTATION SENT BY THE PETITIONER BEFORE THE RESPONDENS 2 TO 4.
// TRUE COPY //
PA TO JUDGE.
jg
C.N.RAMACHANDRAN NAIR, J.
O.P. No. 11993 of 2002
Dated, this the 1st day of December, 2007
J U D G M E N T
Prayer in the original petition is for setting aside the revenue recovery sale of petitioner’s property for recovery of arrears due to the workers. Learned Government Pleader reported that on another person’s application, the Land Revenue Commissioner has set aside the sale on the ground that unnecessary extent of land was sold. If the employers did not settle liability within a reasonable time, the extent of property required for settling workers’ dues should be sold in auction without delay. This writ petition is, accordingly, disposed of directing the Tahsildar to verify whether the amount due to the workers are paid or not, and if not, to arrange for sale of the property of the person liable. If different persons are liable, liability should be fixed on proportionate basis and property of each and everyone should be sold to the extent required to meet the liability.
(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg
1 issue framed by the court
Whether the order setting aside the revenue recovery sale and directing verification of dues is appropriate in a petition seeking protection of property.
Lekshmy Kurup
State of Kerala
C.N. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
