The High Court of Kerala dismissed an appeal against a judgment that set aside a revenue recovery auction conducted under the Kerala Revenue Recovery Act where the property was sold for 10 paise.
Impugned order maintaining the set-aside of auction was upheld.
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 HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI
MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WA.No. 1941 of 2006(E) --------------------------------AGAINST THE JUDGEMENT IN O.P.NO.3949/1998 DATED 14/10/2005 ....................
APPELLANTS/ RESPONDENTS 1 & 5 IN O.P:
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1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM.
2. THE SECRETARY TO GOVERNMENT, REVENUE (S) DEPARTMENT, SECRETARIAT, TRIVANDRUM.
3. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDING, KAKKANAD, ERNAKULAM.
4. THE ASSISTANT COLLECTOR, REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA.
5. THE TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA.
BY GOVERNMENT PLEADER SRI. MOHAMMED RAFIQ.
RESPONDENTS/ PETITIONER & 6TH RESPONDENT:
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1. MATHEW, S/O.KURIAKOSE, KIZHAKKE KURUVITHODATHIL HOUSE, ARAKUZHA VILLAGE, MUVATTUPUZHA TALUK.
2. THE INSPECTOR, TODDY WORKERS WELFARE FUND, OFFICE OF THE T.W.W.F.THODUPUZHA.
R1 BY ADV. SRI.K.M.VARGHESE.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prv.
J.B.KOSHY, Ag.C.J. & V.GIRI, J.
W.A.No.1941 of 2006
Dated 19th January, 2009
JUDGMENT
Koshy, Ag.C.J
Revenue recovery steps were taken under the Kerala Revenue Recovery Act against the first respondent (petitioner) for the kist arrears and contribution to the Abkari Workers Welfare Fund. The property was notified as per Ext.P1. In the absence of bidders, it was bid in favour of Government for nominal value of 10 paise. In the counter affidavit it is stated that there is no dues as far as Toddy Workers Welfare Fund is concerned since the entire arrears was cleared and a certificate has been issued to that effect. It is also submitted that the entire kist arrears was also paid. Learned Government Pleader submitted that since the bid was confirmed in favour of the Government. in case the petitioner wants to get back the property, he has to remit the market value as per the provisions in GO(Ms)No.196/96/RD dated 23.3.96, produced as Annexure A. Learned single Judge pointed out that in case the petitioner has cleared the entire dues, there is no point in putting the valuable property for sale. Government has taken recovery action only for realising the money due to it. Putting valuable property for sale at
W.A.1941/2006
2
10 paise is a shame to a welfare Government. If Government gets the property, it should also fix market price and only on that market price it can be purchased and not for 10 paise rendering the sale a sham. Whether entire amount payable to the petitioner was paid or not is not a question of fact. In these circumstances, learned Judge in the impugned judgment directed as follows:
“The original petition is disposed of directing the third respondent to look into the matter after affording an opportunity for hearing to the petitioner and in case the petitioner has cleared the entire dues/in case the petitioner clears the entire dues including the costs incurred so far, within a month from the date of an order passed by the District Collector in the light of this judgment, auction already conducted leading to the confirmation of the bid in favour of the Government shall stand set aside. The District Collector shall do the needful within three months from the date of production of a copy of this judgment by the petitioner.”
In the facts and circumstances of the case, we see no ground to interfere with the impugned judgment.
The appeal is dismissed.
J.B.KOSHY ACTING CHIEF JUSTICE
V.GIRI JUDGE
tks
The State of Kerala, Rep. by the Chief Secretary
The Secretary to Government, Revenue (S) Department
The District Collector, Ernakulam
The Assistant Collector, Muvattupuzha
The Tahsildar, Muvattupuzha
Mathew
J.B. Koshy
V. Giri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
