The High Court directed Revenue authorities to confirm an auction sale or refund the petitioner's deposit with interest within two months, treating the deadline as peremptory.
Direction to consider and confirm sale within two months; if not confirmed, refund amount with interest within further two months.
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 THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931
WP(C).No. 5032 of 2009(Y)
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PETITIONER(S):
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ELIZABATH THOMAS, W/O.A.K. THOMAS, AGED 58 YEARS, AYANIVILAYIL HOUSE, KARUVATTA, ADOOR.P.O, PATHANAMTHITTA.
BY ADV. SRI.BIJU ABRAHAM
RESPONDENT(S):
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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., REVENUE (S) DEPARTMENT, TRIVANDRUM.
2. THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD.
3. TAHSILDAR (RR), OFFICE OF THE SPECIAL TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, COCHIN - 682 011.
R1 TO R3 BY GOVERNMENT PLEADER MR.K.P. PRADEEP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5032/2009-Y
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE RECEIPT DATED 08/02/2008 FOR THE PAYMENT OF Rs.12,00,000/- IN TWO DEMAND DRAFTS.
EXT.P2: COPY OF THE RECEIPT NO.E6-619/99-00 DATED 08/02/2008 ISSUED BY THE 3RD RESPONDENT.
EXT.P3: COPY OF THE RECEIPTED ISSUED BY THE 3RD RESPONDENT DATED 07/03/2008.
EXT.P4: COPY OF THE COMMUNICATION DATED 23/07/2008 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
EXT.P5: COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 12/11/2008.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
rs.
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.5032 OF 2009
------------------------------------------Dated this the 19th day of March, 2010
JUDGMENT
2
WPC.5032/09
that are being held in W.P(C).17480/08. Incidentally, issues in that regard need not necessarily have any specific impact on the proceedings where purchase price has already been deposited and the officials are satisfied of the bonafides of the sale.
3.Therefore, without expressing anything on merits, it is directed that the competent official respondents will take up the case of the petitioner and consider whether the same is to be confirmed. This shall be strictly in accordance with law and having regard to the totality of the facts and circumstances. Such a decision shall be issued within a period of two months from the date of receipt of a copy of this judgment. If it is decided that the sale is not to be confirmed, the amount paid by the petitioner with due interest thereon in terms of law shall be paid to her within a further period of two months. The time limit fixed herein shall be treated as peremptory having regard to the totality of the facts and circumstances. The writ petition is ordered accordingly. It is
WPC.5032/09
3
also recorded that W.P(C).15843/09 in relation to the same
sale has been dealt with by this Court in a separate judgment
today.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.23/03.
2 issues framed by the court
Whether the competent authorities must confirm the sale or refund the deposited amount within a fixed timeframe.
Whether the petitioner is entitled to a refund with interest if the sale is not confirmed.
ELIZABATH THOMAS
THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., REVENUE (S) DEPARTMENT, TRIVANDRUM
THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD
TAHSILDAR (RR), OFFICE OF THE SPECIAL TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, COCHIN
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
