IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25758 of 2008(N) -------------------------- PETITIONER: ------------ K.V.BHUVANACHANDRAN, S/O.K.K.VELAYUDHAN, KARUPPASSERIL HOUSE, NORTH ARYAD P.O., ALAPPUZHA BY ADV. SRI.C.V.MANUVILSAN SRI.SYAM J SAM SMT.K.VIDYA. RESPONDENTS: ------------- 1. THE STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGER, KOCHI BRANCH, KOCHI -02. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP), 8TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, KOCHI -36. 3. M.C.ZACHARIA, PROPRIETOR, M/S.PRAISE EXPORTS, MUDAKKAL HOUSE, THATHAMPILLY P.O., ALAPPUZHA. 4. SATHISH CHANDRA MALLAN, S/O.GOVINDA MALLAN, MANORAMA BHAVAN, KOMMADI WARD, THUMBOLI P.O., ALAPPUZHA. 5. P.O.VARGHESE, S/O.OUSEPH, PARETHAZHATHU HOUSE, KAVIGAD, KADUTHURUTHY, MATTUCHIRA, KOTTAYAM. R1 BY ADV.SRI.SATHISH NINAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25758 OF 2008 ------------------------------------------- Dated this the 26th day of August, 2008 JUDGMENT This writ petition is moved on the afternoon of 26.8.2008. The same petitioner had filed an earlier writ petition and moved it on the afternoon of 22.8.2008, stating that the DRAT has refused to list a particular matter. On perusal of the papers, it was noticed that all that was required for the petitioner to do was to move the DRAT for an early posting. That writ petition was accordingly dismissed as per Ext.P4 judgment. That has become final. The impugned sale is listed at 2.30 p.m. today, which is already over, now it being 3 p.m. The petitioner seeks indulgence for a direction that he may be permitted to save his properties by paying the proportionate upset price or reserve price. This is quite impermissible in view of the scheme of second schedule to the Income Tax Act. Even the second schedule provides a facility to have the sale set aside on deposit WPC.25758/08 Page numbers of the entire amount covered by the recovery certificate. Under such circumstances, I do not find any ground to issue any further directions in favour of the petitioner. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.