IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 1663 of 2009(W) ------------------------------------- PETITIONER(S): ---------------------- NITTIN P.JOSEPH, NITTIN NIVAS, SANTHANPARA P.O., IDUKKI DISTRICT. BY ADV. MR.GEORGEKUTTY MATHEW RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU, IDUKKI DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT. 3. THE TAHSILDAR (RR), REVENUE RECOVERY OFFICE, NEDUMKANDAM P.O., IDUKKI DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1663/2009-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 10/07/1998. EXT.P2: COPY OF THE LETTER DATED 11/07/2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. V.GIRI, J. ------------------------- W.P.(C).No.1663 of 2009 ------------------------- Dated this the 4th day of June, 2009. JUDGMENT The petitioner bid in auction a property having an extent of 7.08 Ares in Survey No.63/23 of Santhanpara Village brought to revenue sale for realisation of Toddy Workers' Welfare Fund and Abkari arrears from one Joseph Thomas. 15% of the bid amount was deposited immediately and the balance amount was also deposited in time. Ext.P1 shows that the sale was confirmed as early as in 1997. But the respondent did not issue the sale certificate, as contemplated by Section 56 of the Revenue Recovery Act. On a request made by the petitioner, he was issued with Ext.P2 stating that one Christopher @ Baby has instituted a suit before the Sub Court, Kattapana as O.S.No.18/08 for enforcement of an agreement dated 30.4.1996 and had also asserted title on the basis of a document stated to have W.P.(C).No.1663 of 2009 :: 2 :: been executed by the original owner vide document dated 15.1.2008. It is further stated that the Additional Government Pleader, Kattappana in his letter dated 18.06.2008 intimated the District Collector that the value of the land fixed in the auction sale was lower than the market value and suggested to initiate action to cancel the auction sale. This writ petition has been filed seeking a direction to the respondents to issue sale deed to the petitioner. 2. I heard learned counsel for the petitioner and learned Government Pleader. 3. The reasons stated in Ext.P2 are clearly untenable. It is clear from Ext.P1 that the sale held on 16.12.1997 was confirmed in favour of the petitioner and order confirming the sale is one, which is passed by the Revenue Authorities under Section 54 of the Revenue Recovery Act. A sale can be set aside before it is confirmed. In this case, the confirmation was in 1998. W.P.(C).No.1663 of 2009 :: 3 :: What follows is the registration of the property in the name of the purchaser and grant of a certificate of sale in terms of Section 56 of the Revenue Recovery Act. 4. The fact that a suit has been instituted in the year 2008, allegedly before the Sub Court, Kattapana, cannot act in derogation of the petitioner's right to get the sale certificate in terms of the Revenue Recovery Act. So also, the allegation that amount fixed in the auction sale was inadequate, is unfounded. It would have been open to the District Collector to exercise powers under Section 54 of the Act to set aside the sale. But, that has not been done. The sale, having been confirmed in favour of the petitioner, is not open for cancellation, at the stage contemplated by Section 56 of the Act. 5. Accordingly, there will be a direction to the 1st respondent to take steps for issuance of the sale certificate in relation to the property bid in auction sale, which has been confirmed under Ext.P1, after completing W.P.(C).No.1663 of 2009 :: 4 :: the procedure under Section 56 of the Act, within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//