IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 17665 of 2008(C) -------------------------- PETITIONER: ----------------- P.H.HAMEED, AGED 50 YEARS, S/O.HASSAN, PUTHENVEETIL HOUSE, P.O.KALAYANTHANI, (VIA) THODUPUZHA. BY ADV. SRI.ESM.KABEER RESPONDENTS: --------------------- 1. THE DEPUTY COMMISSIONER OF SALES TAX, COMMERCIAL TAXES, KATTAPPANA. 2. THE INTELLIGENCE OFFICER (IB), COMMERCIAL TAXES, THODUPUZHA. 3. THE TAHSILDAR, TALUK OFFICE, THODUPUZHA. 4. VILLAGE OFFICER, ALAKKODE VILLAGE. BY GOVT. PLEADER SRI. C.K. GOVINDAN. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL FOR ADDL.R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.17665 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2008 JUDGMENT Petitioner challenges Ext.P3 and all proceedings pursuant to Exts.P5 and P6. He seeks a direction to dispose of Ext.P4. Ext.P3 is an order passed by the Intelligence Officer. Petitioner has already preferred appeal accompanied by delay petition. The property of the petitioner came to be sold. It came to be purchased by the additional respondent at the auction. He had deposited 15% in a sum of Rs.52,500/-. 2. I heard learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for the additional respondent. Learned Government Pleader does not seriously oppose the consideration of the revision on merits. The additional respondent submits that if the petitioner is prepared to pay the amount with some compensation, he will not insist on the sale. Having regard to all facts, the writ petition is disposed of as follows: If the petitioner pays a sum of Rs.60,000/- within ten days from today to the additional respondent, the sale in favour of the additional respondent will not be confirmed. If the petitioner does not pay Rs.60,000/- WPC. 17665/2008. 2 as directed, sale can be confirmed in accordance with law. If the amount of Rs.60,000/- is paid as aforesaid, the sale will stand set aside and there will be a further direction to the first respondent to consider and take a decision on Ext.P4 in accordance with law after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of a copy of this judgment. In so far as an amount of Rs.52,500/-, in effect it has been paid by the petitioner by virtue of the arrangement referred to above, no steps will be taken pursuant to Exts.P2 and P3 till the disposal of Ext.P4. If the petitioner succeeds in Ext.P4 revision before the first respondent, the amount lying in deposit as deposited by the auction purchaser will be returned to the petitioner within a period of one month. (K.M. JOSEPH, JUDGE) sb