2.The case of the respondent/writ petitioner is that on seeing the notice inviting the public to take part in the public auction, she participated in the said auction held on 02.02.2012 believing that the property situated at Door Nos.2/393 & 394, Kengari Revenue Village Panchayat, comprised in S.No.193, Kilkotagiri, Nilgiris District is having 6.50 cents. After she was declared as a successful bidder, she has also deposited the entire amount of Rs.11,15,000/- by way of Demand Draft and cash she was issued an interim certificate by the appellant bank on 02.02.2012. Immediately, on payment of the entire amount, she was issued the sale certificate and the possession of the property was also handed over to her on the same day. After taking possession, she applied for scrutinizing the revenue records and she was informed that the old Survey No.193 has been changed into new Survey No.404/8, which in turn, has been subdivided as Survey Nos.404/8A, 8B, 8C and one Veerabadrasamy, whose property was brought for auction by the bank, was the owner of Survey No.404/8B and the extent of the property that belonged to him, was only 0.01.5 hectares, which works out to 3.70 cents. On receipt of the said information, she made a physical measurement of the property and to her shock and surprise, she found that the total extent of the property measures only 3.70 cents and not 6.50 cents as represented by the appellant bank at the time of bringing the property for auction and at the time of giving interim certificate on 02.02.2012. Therefore, she approached the appellant bank on number of occasions to clarify the same and requested the bank to either physically convey the 6.50 cents or to refund Rs.11,15,000/- with interest from 02.02.2012. The appellant bank bent upon to pressurize her to receive the sale certificate by showing the total extent as 6.50 cents. On the other hand, the respondent had insisted the bank to refund a sum of Rs.11,15,000/-, which was paid by her during the auction sale on 02.02.2012 along with interest from that day onwards till the date of actual payment. The respondent issued a legal notice to the appellant bank on 08.04.2013 and requested the appellant bank to refund the sum of Rs.11,15,000/- with interest from 02.02.2012. Since the appellant bank has not come forward to resolve the issue, the respondent filed the writ petition under Article 226 of the Constitution of India, seeking a direction to the appellant bank to refund the sum of Rs.11,15,000/- with interest @ 18% per annum from 02.02.2012.
