A borrower challenged a confirmed revenue recovery sale. The court held that his one-time settlement request was not an application under Section 53 to set aside the sale and declined to act on his non-party wife's application. It dismissed the writ petition, refusing to disturb the sale after about a decade.
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.
WP(C) NO. 2341 OF 2011
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943 WP(C) NO. 2341 OF 2011
PETITIONER/S:
ANILKUMAR G S/O.GOPALAKRISHNA PILLAI, AGED 38 YEARS,, HOUSE NO.KC/7/1906, KANAKATHU NAGAR,, NEAR TAILORING WORKERS WELFARE BOARD,, THIRUMULLAVARAM P.O., KOLLAM-12.
BY ADVS. SRI.PRAVEEN K. JOY SRI.S.SREEKUMAR SR.
RESPONDENT/S:
4 NAVAS KALIYIL VEEDU, MULANGADAKOM,, KOLLAM. BY ADVS. SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SRI.A.V.THOMAS SR.
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OTHER PRESENT:
SR.ADV.SRI.A.V.THOMAS FOR R4, SRI.LEO GEORGE FOR R4, SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No. 2341 of 2011
Dated this the 22nd day of December, 2021
JUDGMENT
The above writ petition is filed with the following prayers :
(i) call for the records leading to issuance of Ext.P2 order from the 2nd respondent and quash the same by issuing a Writ of Certiorari.
(ii) Issue a Writ of Mandamus or any other appropriate Writ Order or Direction, directing the 2nd respondent to dispose of Ext.P1 petition afresh after affording an opportunity to the petitioner of being heard and to adduce evidence, so as to secure the ends of justice and
(iii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case.
(iv) To declare that the entire proceedings initiated by respondents 1 to 3 are illegal and arbitrary and also to set aside the sale proceedings and sale confirmation proceedings as illegal and arbitrary and to set aside all the proceedings against the property of the petitioner as reflected in Ext.P2 order, in the interest of justice.”
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While allowing the amendment petition itself, this Court clearly stated that the amendment petition is allowed subject to the objection raised by the learned senior counsel for the respondent that the application is belated and it is barred by limitation.
23.08.2001 Petitioner along with his wife and mother availed a loan of Rs.10,14,,000/- from KFC for purchase of tourist bus, repayable in 5 years. Primary security is the bus and collateral security is 17 cents of land and building thereon. Loan defaulted. He paid only Rs. 85,000/-
04.10.2005 Deputy Tahsildar (RR), KFC, Kollam issued attachment order No. RR.21/04 for recovery of Rs.14,13,814/and interest @17% per annum, (Addl. Counter Exhibit R4 (j)page 11
16.02.2006 Representation submitted by Petitioner to Revenue Minister praying for instalment facility (Referred to in Exhibit R4(d)
16.02.2006 Stay granted by Revenue Minister on condition to pay 20% before 30.04.2006 and balance in 36 equal monthly instalments (Exhibit R4(d) First Counter page 17) This condition was not complied with by Petitioner
28.02.2007 After one year, Auction held, but there was no bidder.
24.04.2007 Without mentioning the earlier order granting instalment, Petitioner submits Representation to Revenue
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Minister again seeking instalment facility. (Exhibit P-15)
25.04.2007 Auction held, but there was no bidder.
28.05.2007 Fresh Sale Notice No. RR.21/04 issued by the Deputy Tahsildar (RR), KFC, Kollam, fixing sale on 30.06.2007, for recovery of Rs.14,13,814/- plus interest. (Exhibit R4(k) page 13 Addl. Counter in Malayalam and (Exhibit R4(1) page 15 Addl. Counter in English. Exhibit R4 (m) page 18 Addl. Counter is the endorsement of the Village Officer, Kollam West regarding publication of notice and Exhibit R4(n) page 19 Addl. Counter is the endorsement of Tahsildar, Kollam. Exhibit R4 (o) page 20 Addl. Counter is the endorsement of Sub Registrar, Kollam. Exhibit R4(p) page 21 Addl. Counter is the endorsement of Secretary, Kollam Corporation.
31.05.2007 Valuation Report No. 347/07 submitted by the Village Officer, Kollam to the Deputy Tahsildar (RR), KFC, Kollam. Total value of the property is estimated at Rs.10,25,544/(Exhibit R4 (i) page 11 Addl. Counter
30.06.2007 Sale held. 4th respondent bid the property in auction for Rs.14,16,000/-
18.07.2007 On Ext.P15 dated 24.04.2007, Principal Secretary, Revenue Department, vide order No. 35196/S2/07/RD dated 18.07.2007 directed Petitioner to remit the arrears in 30 equal monthly instalments commencing from 23.07.2007 and an amount of Rs.40,000/-. Sufficient security should be furnished to remit the arrear amount. If the first instalment is not remitted on or before the due date the order will automatically cancelled. In case of seeking extension of time for remitting defaulted instalments, a maximum of 15 days can be allowed. It is further stated that if instalment facility is granted previously in the same case, this order need not be acted upon (Exhibit P-16 & R4(e)
20.07.2007 Bindu, wife of Petitioner filed O.S. 264/2007 in the Family Court, Kollam (Exhibit R4 (g) page 9 Addl. Counter
23.07.2007 Representation filed by Petitioner to the Deputy Collector (RR), KFC, Thiruvananthapuram, praying for time to settle the arrears after disposing of a property belonging to his mother in law and till then to keep pending the sale proceedings. (Exhibit P-6).(It is not a petition under S.53)
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28.07.2007 Representation filed by Petitioner to the MD, KFC, Kollam, to suspend further auction pursuant to the auction sale and also for time to settle the arrears after disposing a property belonging to his mother in law. (Exhibit P-22)
29.07.2007 Petitioner filed Representation before the Deputy Collector (RR), KFC, Thiruvananthapuram, praying for time to comply with the direction contained in the order dated 18.07.2007 of the Principal Secretary, Revenue Department, Thiruvananthapuram, since the same was received only on 28.07.2007 (Exhibit P-17)
29.07.2007 Petition submitted by Bindu, wife of Petitioner before the Deputy Collector (RR), KFC, Thiruvananthapuram for setting aside the sale (Exhibit P-10):
30.07.2007 Representation filed by Petitioner to the Deputy Collector (RR), KFC, Thiruvananthapuram, requesting permission for remitting Rs.1,00,000/- and also requesting for setting aside the sale. The petition says that since Ext.P16 order of the Principal Secretary granting insatalment was received by him only on 28.07.2007. (Exhibit P-18)
03.08.2007 Letter No. KFC/KLM/732/2007 issued from KFC to Petitioner to attend his office on 08.08.2007 for a discussion on his representation dated 28.07.2007
08.08.2007 Representation submitted by Petitioner to the Chief Manager, KFC, Kollam, requesting to return the mortgage amount to him and intimating that he shall remit a sum 5% above the bid amount.
04.10.2007 Consumer Disputes Redressal Forum, Kollam, dismissed C.C. No. 81/2007 filed by Petitioner against KFC and others 12.03.2008 After about 9 months of sale, Deputy Collector (RR), KFC, Thiruvananthapuram, confirmed the sale in favor of 4th respondent vide (Exhibit R4 (a) Page 6.
27.03.2008 Sale Certificate issued to 4th respondent. (Exhibit R4 (b) page 7
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27.03.2008 Sale Certificate registered as document No. 985/2008 of Kollam SRO. Stamp paper worth Rs.1,20,360/- and Registration Fee Rs.28,325/-
02.06.2008 In the Counter affidavit filed by KFC in WPC No. 13611/2008 filed by the petitioner challenging the sale, it is stated by KFC that the vehicle for which the loan was sanctioned, was sold unauthorisedly by Petitioner and that his total remittance in the loan account is only Rs.85,000/- (Exhibit P-31)
07.07.2008 Family Court, Kollam, lifted attachment over the property which was ordered as per order dated 27.07.2007 in I.A. 1513/07 in O.S. 264/07 (Exhibit R4 (r) Addl. Counter page 26
14.07.2008 4th respondent paid land tax including arrears after effecting mutation. (Exhibit R4 (c) page 16
03.10.2008 Representation filed by Petitioner before the Revenue Minister (Exhibit P-1)
05.03.2009 High Court of Kerala disposed of W.P.(C) No. 13611/2008 (U) filed by Petitioner, with permission to file a fresh writ petition (Exhibit P-33)
15.09.2009 Exhibit P-2:_Order issued by the Principal Secretary, Revenue Department, Thiruvananthapuram, disposing of the petition filed by Petitioner on 03.10.2008. The order says that: On 16.02.2006 petitioner was permitted to remit the arrears in instalments, but he has not complied with the same;
As per the Valuation Report of the Village Officer estimated value of the land was Rs.10,45,544/ - and value of the building as per the Technical Officer was Rs.1,90,000/- Since no complaint under Section 52 and 53 of the RR Act was received, the sale was confirmed on 12.03.2008.
15.06.2010 4th respondent obtained building permit No. TP/S2/OBP/28/2010-11 for constructing residential building in
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the subject land (Exhibit R4-(s) Addl. Counter page 27'
22.11.2010 Petitioner filed W.P.C No. 35011/2010 for a direction to the Chief Secretary, Government of Kerala to dispose of his appeal dated 12.07.2010 (Exhibit P-4)
23.11.2010 High Court found that Chief Secretary has no appellate power in the RR proceedings and hence dismissed W.P.(C) No. 35011/2010 (Exhibit P-5)
28.10.2011 Occupancy Certificate issued by Corporation of Kollam to the 4th respondent.(Exhibit R4 (t) Addl. Counter page 29
10.11.2011 Building assessed to tax by Kollam Corporation for building No. 36/1872/203-A (Exhibit R4 (u) Addl. Counter page 30
10.11.2011 Building Tax Receipt issued by Kollam Corporation in for the year 2011-12
16.06.2016 Statement of Accounts in loan account No. 67206950190 -debit balance of Rs.51,46,740/(Exhibit R4 (v) Addl. Counter page 31
16.06.2016 Statement of Accounts in loan account No. 67352492995 debit balance of Rs.49,99,950/(Exhibit R4 (w) Addl. Counter page 32"
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30 days an application was filed to set aside the sale as evident by Ext.P6. Even then, without passing any orders in the application to set aside the sale, the sale was confirmed. The counsel submitted that this is against the principle laid down by the Division Bench of this Court in P.Gopalakrishnan v. State of Kerala and others [2006 KHC 366]. The learned counsel also relied grounds (H) and (J) in the writ petition. The counsel submitted that the property of 17 cents and building have been put for sale for a small amount of Rs.15 lakhs, when the same would fetch more than 1 crore. The counsel also submitted that Ext.P10 is an application submitted by the wife of the petitioner for setting aside the sale on 29.7.2007 and that is also within 30 days from the date of sale. No orders are passed in Ext.P10 also, before confirming the sale.
“The petitioner in this case asserts that he had made an application on 27.07.2007 before the Deputy Collector (RR), Kerala Financial Corporation (KFC), Thiruvananthapuram detailing the irregularities with respect to the sale.
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List the case for further consideration on 21.03.2017, within which time the statement shall necessarily be on record. Any failure on this account will visit this officer with essential consequences.”
hereunder :
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Tahasildar (RR) KFC, Kollam on 24.7.2007. A true copy of the covering letter submitted by the petitioner before the Deputy Tahsildar (RR) KFC Kollam is produced herewith and marked as Annexure R3(a)
In the above facts and circumstances, the Hon'ble Court may be pleased to accept the above statement.”
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received by the officer concerned. But the counsel submitted that in Ext.P9, the same officer informed that an application is received by the officer in the office on 27.7.2007. But when the file is perused, the same is not available. But, even if such an application is filed, the petitioner admit that the application he submitted is Ext.P6. If that is the case, according to me, that is not an application under Sec.53 of the Revenue Recovery Act. Therefore, that application cannot be accepted as a petition to set aside sale under Sec.53 of the Revenue Recovery Act.
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means it was subsequent to Ext.P23. The counsel also submitted that in Ext.P32 (18), it is stated that no application as provided under Sec.52 or 53 of the Revenue Recovery Act has been received for setting aside the above sale. The counsel relied again Exts.P6 and P10. I already observed that Ext.P6 is not an application under Sec. 53 of the Act and Ext.P10 is filed by the wife of the petitioner and she is not a party to this proceedings. That contention also is not acceptable.
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in his favour is set aside on the technical contention of the violation of principles of natural justice. The senior counsel also relied the judgment of this Court in Rashtriya Sanskrit Sansthan (Deemed University) v. K.Sarala Devi and anr. [2021 (4) KHC 268(DB)], in which it is stated that omission to sue for reliefs in earlier writ petition and subsequent writ petition seeking the said relief is barred by principles of res judicata. The learned senior counsel takes me through Ext.P4 which is the writ petition filed by the petitioner earlier in which there was no prayer to set aside the sale. I think, there is force in this contention also.
Therefore, this writ petition is dismissed.
SD/- P.V.KUNHIKRISHNAN, JUDGE
SKS
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APPENDIX OF AMENDED WRIT PETITION
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE PETITION DATED 3.10.2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXT.P2 TRUE COPY OF THE SAID ORDER DATED 15.9.2009 OF THE
2ND RESPONDENT
EXT.P3 TRUE COPY OF THE WPC 35011/10 WITH EXHIBITS
EXT.P4 TRUE COPY OF THE WPC 35011/10 JUDGMENT DATED 23.11.2010
EXT.P5 TRUE COPY OF THE LETTER OF THE REVENUE DEPARTMENT
EXT.P6 TRUE COPY OF THE NOTICE DATED 28.5.2007 ISSUED BY THE
3RD RESPONDENT
EXT.P7 TRUE COPY OF INCOME TAX RETURN FOR THE YEAR 2006-07 EXT.P7(A) TRUE COPY OF INCOME TAX RETURN FOR THE YEAR 2007-08 EXT.P7(B) TRUE COPY OF INCOME TAX RETURN FOR THE YEAR 2008-09 EXT.P8 TRUE COPY OF JUDGMENT IN ST NO 946/2007 DATED 18.6.2010 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM
RESPONDENT'S EXHIBITS :
ANNEXURE-R3(A) A TRUE COPY OF THE COVERING LETTER SUBMITTED BY
THE PETITIONER BEFORE THE DEPUTY TAHSILDAR (RR) KFC KOLLAM
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APPENDIX OF WPC 2341/2011
EXT.P1 TRUE COPY OF THE PETITION DATED 3.10.2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXT.P2 TRUE COPY OF THE SAID ORDER DATED 15.9.2009 OF THE 2ND RESPONDENT
EXT.P3 TRUE COPY OF THE WRIT PETITION NO. 35011/2010 FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT
EXT.P4 TRUE COPY OF THE JUDGMENT DATED 23.11.2010 OF THIS HON'BLE COURT IN WPC NO. 35011/2010
EXT.P5 TRUE COPY OF THE REPLY OF THE INFORMATION OFFICER OF THE REVENUE DEPARTMENT DATED 8.12.2010
EXT.P6 TRUE COPY OF PETITION DATED 23.7.2007 TO SET ASIDE THE SALE CONDUCTED ON 30.6.2007 FILED BY THE PETITIONER
EXT.P7 TRUE COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE DEPUTY COLLECTOR (RR)KFC TRIVANDRUM ON 27.7.2007
EXT.P8 TRUE COPY OF THE QUESTIONS AND ANSWER UNDER RIGHT TO INFORMATION ACT DATED 19.1.2010 AND REPLY DATED 6.2.2010
EXT.P9 TRUE COPY OF THE QUESTIONS AND ANWER UNDER RIGHT TO INFORMATION ACT DATED 11.5.2010 AND REPLY DATED 8.6.2010 BY DEPUTY COLLECTOR (RR) EXT.P10 TRUE COPY OF PETITION TO SET ASIDE SALE DATED 29.7.2007 SENT BY BINDU, WIFE OF PETITIONER
EXT.P11 TRUE COPY OF THE RECEIPT DATED 29.7.2007
EXT.P12 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY DEPUTY COLLECTOR (RR) KFC ON 30.7.2007
EXT.P13 TRUE COPY OF THE LETTER DATED 12.7.2010 SENT BY BINDU TO DEPUTY COLLECTOR (RR)
EXT.P14 TRUE COPY OF THE REPLY BY DEPUTY COLLECTOR (RR)TO EXT.P13 DATED 31.7.210
EXT.P15 TRUE COPY OF THE PETITION DATED 24.4.2007 OF PETITIONER SUBMITTED TO REVENUE MINISTER
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EXT.P16 TRUE COPY OF THE ORDER DATED 18.7.2007 RECEIVED BY PETITIONER ON 28.7.2007 OF PRINCIPAL SECRETARY (REVENUE)
EXT.P17 TRUE COPY OF THE LETTER DATED 29.7.2007 DRAFTED BY THE PETITIONER AND CORRECTED BY DY.TAHSILDAR (RR)
EXT.P18 TRUE COPY OF THE LETTER SENT BY THE PETITIONER DATED 30.7.2007 TO DEPUTY COLLECTOR (RR)
EXT.P19 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY DEPUTY COLLECTOR (RR) ON 8.8.2007
EXT.P20 TRUE COPY OF THE LETTER DATED 11.5.2010 SEENT TO INFORMATION OFFICER, KFC BY PETITIONER
EXT.P21 TRUE COPY OF REPLY TO EXT.P20 BY INFORMATION OFFICER
EXT.P22 TRUE COPY OF LETTER DATED 28.7.2007 SENT BY PETITIONER TO THE MANAING DIRECTOR KFC
EXT.P23 TRUE COPY OF THE LETTER DATED 3.8.2007 SENT TO THE PETITIONER BY THE MANAGING DIRECTOR
EXT.P24 TRUE COPY OF THE LETTER DATED 8.8.2007 BY PETITIONER TO THE CHIEF MANAGER, KFC KOLLAM
EXT.P25 TRUE COPY OF THE LETTER DATED 15.9.2009 TO THE INFORMATION OFFICER, KFC KOLLAM
EXT.P26 TRUE COPY OF THE REPLY BY THE INFORMATION OFFICER, KFC TO EXT.P25
EXT.P27 TRUE COPY OF THE LETTER DATED 11.5.2010 SENT BY THE PETITIONER TO THE INFORMATION OFFICER.
EXT.P28 TRUE COPY OF THE REPLY BY THE INFORMATION OFFICER DATED 10.6.2010
EXT.P29 TRUE COPY OF THE LETTER DATED 6.4.2010 BY PETITIONER TO DEPUTY COLLECTOR (RR)
EXT.P30 TRUE COPY OF THE REPLY DATED 19.4.2010 BY DEPUTY COLLECTOR (RR)TO EXT.P29
EXT.P31 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY MANAGER (LEGAL) KFC IN WPC 13611/2008 OF THIS HON'BLE COURT
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EXT.P32 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY NAVAS IN WPC 13611/2008 OF THIS HON'BLE COURT
EXT.P33 TRUE COPY OF THE JUDGMENT IN WPC NO. 13611/2008 OF THIS HON'BLE COURT
EXT.P33 TRUE COPY OF THE JUDGMENT IN WPC NO.13611/2008 OF THIS HON'BLECOURT
EXT.P34 TRUE COPY OF THE CARD ISSUED FROM THE OFFICE OF REVENUE MINISTER
EXT.P35 TRUE COPY OF LETTER DATED 20.11.2010 ISSUED BY PETITIONER TO INFORMATION OFFICER, REVENUE DEPARTMENT SECRETARIAT, TRIVANDRUM
EXT.P36 TRUE COPY OF THE REPLY TO EXT.P35 BY ADDL.CHIEF SECRETARY
EXT.P37 TRUE COPY OF THE LETTER DATED 7.12.2009 BY PETITIONER TO THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION
EXT.P38 TRUE COPY OF THE REPLY TO EXT.P37 BY THE SUB INSPECTOR OF POLICE PONNANI POLICE STATION
EXT.P39 TRUE COPY OF THE LETTER DATED 28.7.2009 BY PETITIONER TO THE INFORMATION OFFICER KFC
EXT.P40 TRUE COPY OF REPLY TO EXT.P39 BY THE INFORMATION OFFICER
EXT.P41 TRUE COPY OF THE ORDER DATED 4.10.2007 OF CDRF KOLLAM
EXT.P42 TRUE COPY OF THE LETTER DATED 15.11.2010 OF PETITIONER TO THE INFORMATION OFFICER
EXT.P43 TRUE COPY OF REPLY TO EXT.P42
EXT.P44 TRUE COPY OF THE REPORT OF DEPUTY TAHSILDAR (RR)
RESPONDENT'S EXHIBITS :
EXT.R4(A) TRUE COPY OF THE CONFIRMATION OF THE SALE ISSUED BY THE DEPUTY COLLECTOR (REVENUE RECOVERY) KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM DATED 12.3.2008
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EXT.R4(B) TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE DEPUTY COLLECTOR REVENUE RECOVERY KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM DATED 27.3.2008
EXT.R4(C) TRUE COPY OF THE TAX RECEIPT ISSUED FROM KOLLAM WEST VILLAGE DATED 14.7.2008
EXT.R4(D) TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 16.2.2006
EXT.R4(E) TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 18.7.2007
EXT.R4(F) LOCATION SKETCH AND CERTIFICATE NO.7669/08 DATED 15.10.2008 IN RESPECT OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, KOLLAM WEST.
EXT.R4(G) TRUE COPY OF THE FAIR VALUE NOTIFICATION IN RESPECT OF RESIDENTIAL PLOT WITH PRIVATE ROAD ACCESS IN RE-SURVEY NO.86 OF KOLLAM WEST VILLAGE PUBLISHED ON 1.4.2010
EXT.R4(H) TRUE COPY OF THE FAIR VALUE NOTIFICATION IN RESPECT OF RESIDENTIAL PLOT WITH NH/PWD ROAD ACCESS IN RE-SURVEY NO. 86 OF KOLLAM WEST VILLAGE PUBLISHED ON 1.4.2010
EXT.R4(I) TRUE COPY OF THE VALUATION REPORT NO.347/07 DATED 31.5.2007 SUBMITTED BY THE VILLAGE OFFICER, KOLLAM TO THE DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, KOLLAM
EXT.R4(J) TRUE COPY OF NOTICE OF ATTACHMENT NO.RR 21/04 DATED 4.10.2005 OF THE DEPUTY TAHSILDAR (RR)
EXT.R4(K) TRUE COPY OF NOTICE NO.RR21/04 DATED 28.5.2007 IN MALAYALAM
EXT.R4(L) TRUE COPY OF NOTICE NO.RR 21/04 DATED 28.5.2007 IN ENGLISH
EXT.R4(M) TRUE COPY OF ENDORSEMENT OF THE VILLAGE OFFICER, KOLLAM WEST RELATING TO PUBLICATION OF THE NOTICE INTHE PROPERTY AND NOTICE BOARD
EXT.R4(N) TRUE COPY OF ENDORSEMENT OF THE TAHSILDAR, KOLLAM RELATING TO PUBLICATION OF NOTICE.
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EXT.R4(O) TRUE COPY OF ENDORSEMENT OF THE SUB REGISTRAR, KOLLAM RELATING TO PUBLICATION OF NOTICE
EXT.R4(P) TRUE COPY OF ENDORSEMENT OF THE SECRETARY, KOLLAM CORPORATION RELATING TO PUBLICATION OF NOTICE
EXT.R4(Q) TRUE COPY OF THE PLAINT DATED 20.7.2007 IN OS NO.264/2007 OF FAMILY COURT, KOLLAM
EXT.R4(R) TRUECOPY OF THE INTIMATION DATED 7.7.2008 OF THE FAMILY COURT, KOLLAM TO THE SUB REGISTRAR KOLLAM AND VILLAGE OFFICER, KOLLAM WEST
EXT.R4(S) TRUE COPY OF BUILDING PERMIT NO,.TP/S2/OBP/28/2010-11 DATED 15.6.2010 ISSUED BY THE KOLLAM MUNICIPAL CORPORATION
EXT.R4(T) TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 28.10.2011 ISSUED BY THE CORPORATION OF KOLLAM
EXT.R4(U) TRUE COPY OF THE TAX RECEIPT NO.28455 DATED 10.11.2011 ISSUED BY THE CORPORATION OF KOLLAM
EXT.R4(V) TRUE COPY OF ACCOUNT STATEMENT IN RESPECT OF ACCOUNT NO. 67206950190 FOR THE PERIOD FROM 9.6.2016 O 16.6.2016 ISSUED BY STATE BANK OF TRAVANCORE, ANANDAVALLEESWARAM
EXT.R4(W) TRUE COPY OF ACCOUNT STATEMENT IN RESPECT OF ACCOUNT NO. 67352492595 FOR THE PERIOD FROM 1.5.2016 TO 6.6.2016 ISSUED BY STATE BANK OF TRAVANCORE, ANANDAVALLEESWARAM
3 issues framed by the court
Did the petitioner's request for one-time settlement constitute an application under Section 53 of the Revenue Recovery Act to set aside the sale?
Could the court interfere with the sale on the wife's application when she was not a party to the writ petition?
Could the confirmed revenue recovery sale be set aside after about a decade without a timely application to set it aside?
Colour shows how this judgement treated each authority
P.Gopalakrishnan v. State of Kerala and othersDistinguished¶117
P.Gopalakrishnan v. State of Kerala and others [2006 KHC 366]
George v. District Collector, Idukki and othersRelied on¶117
George v. District Collector, Idukki and others [2014 (2) KHC 688]
Venu v. Excise CommissionerRelied on¶117
Venu v. Excise Commissioner [2009 (4) KLT 505]
Rashtriya Sanskrit Sansthan (Deemed University) v. K.Sarala Devi and anr.Relied on¶120
Rashtriya Sanskrit Sansthan (Deemed University) v. K.Sarala Devi and anr. [2021 (4) KHC 268(DB)]
1 provisions across 1 enactments
ANILKUMAR G
STATE OF KERALA
THE PRINCIPAL SECRETARY REVENUE (S) DEPARTMENT
THE DEPUTY COLLECTOR RR KERALA FINANCIAL CORPORATION (KFC)
NAVAS
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
