IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WA.No. 730 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.19507/2008 Dated 05/04/2011 .................... APPELLANT/WRIT PETITIONER ----------------------------- MEENA ASHOKAN, CHARANGATTU HOUSE, KANICHUKULANGARA P.O., CHERTHALA. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.V.K.PEERMOHAMED KHAN RESPONDENTS/RESPONDENTS IN W.P. ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY COMMISSIONER OF LAND REVENUE, TRIVANDRUM-695039. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA-688001. 3. THE TAHSILDAR, TALUK OFFICE, CHERTHALA-688524. 4. C.S.SWAMINATHAN, CHALLLIYIL, KANICHUKULANGARA P.O., CHERTHALA-688544. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL FOR R1 GOVERNMENT PLEADER FOR R1-3 ADV. SRI.M.K.PRADEEPKUMAR FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.730 of 2011 .................................................................... Dated this the 20th day of July, 2011. JUDGMENT Ramachandran Nair, J. The Writ Appeal is against the judgment of the learned Single Judge declining to interfere with the appellant's challenge against the sale of her property in revenue auction to the 4th respondent. Appellant's contention before the learned Single Judge as well as before us is that property was sold at a very low price to the 4th respondent. However, counsel for the 4th respondent submitted that he purchased 84 cents of land in the rural area for Rs.10.58 lakhs on 13.8.2007. Appellant's challenge against the sale before the District Collector, Government and before the learned Single Judge failed. 2. We have heard counsel for the appellant, Government Pleader for respondents 1 to 3 and counsel appearing for the 4th respondent. The main contention of the appellant is that arrears under recovery are abkari arrears payable by appellant along with other partners who are her close relatives. According to the appellant, sale of property of the W.A.No.730/2011 2 other partners fetched sufficient amount to adjust full arrears and, therefore, there was no need to sell appellant's property. However, Government Pleader submitted that the sale was effected under direction issued by this court in the earlier round of litigation wherein appellant was also a party. Since sale of appellant's property for recovery of arrears is under orders of this court, we are of the view that appellant should not be permitted to challenge the sale at all. Recovery was delayed for several years on account of protracted litigation by appellant and other co-licencees who are partners of the firm and close relatives of the appellant. Another ground raised in support of the challenge against sale of the property is that the value obtained is much less than the market value of the land. The sale took place four years back and land value is steadily going up. Therefore, every land owner whose land is sold in Revenue auction will have this complaint because the price for land in Kerala is steadily going up. We do not find any justification to interfere with the sale that took place four years back, that too, under orders of court for recovery of arrears, merely because the land price would have gone up. It is also seen that appellant's W.A.No.730/2011 3 house and adjoining properties are excluded from sale and only balance land is sold to recover the arrears. Counsel for the 4th respondent contended that sale is at market value and 4th respondent has deposited sales consideration years back. We do not find any merit in the challenge against the sale confirmed by statutory authorities and by the learned Single Judge in the W.P.(C). Consequently Writ Appeal is dismissed. Sd/- C.N.RAMACHANDRAN NAIR Judge Sd/- P.S.GOPINATHAN Judge True copy P.S. to Judge pms