IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 29452 of 2010(F) -------------------------------------- PETITIONERS: --------------------- 1. ELSY,W/O.LATE K.A.THOMAS,KANAPPILLY, VII/30,NAYARAMBALAM PANCHAYATH,NAYARAMBALAM 2. GILROY,S/O.LATE K.A.THOMAS,DO. DO. 3. SHIBU,S/O.LATE K.A.THOMAS,DO. DO. 4. JAMES,S/O.LATE K.A.THOMAS,DO. DO. 5. ANTONY,S/O.LATE K.A.THOMAS,DO. DO. 6. SUJA,W/O.NELSON,KULANGARA, BUILDING NO.20/334,PALLIPURAM PANCHAYATH, PALLIPURAM. 7. SHIJI,W/O.SHIJU,ASARIPARAMBIL, BUILDING NO.4/163,PALLIPPURAM PANCHAYATH, PALLIPPURAM. 8. K.K.RAVI,S/O.KUNJANKUTTI, KATTIPARAMBIL MURI & VILLAGE,KOCHI TALUK. BY ADVS. SRI.DINESH R.SHENOY, SRI.MAHESH MENON. RESPONDENTS: ------------------------ 1. THE SPECIAL TAHSILDAR (RR),O/O.SPECIAL TAHSILDAR(RR),TALUK OFFICE,KOCHI-1. 2. KAMALAKSHI,W/O.LATE K.K.VIJAYAN, KAITHAVALAPIL HOUSE, NAYARAMBALAM,PIN- 682 509. W.P.(C). NO.29452/2010-F: 3. VIJAYAMMA,D/O.LATE K.K.VIJAYAN,DO. DO. 4. SUBRAMANIAN,S/O.LATE K.K.VIJAYAN,DO. DO. 5. K.V.JAYAN,S/O.LATE K.K.VIJAYAN,DO. DO. 6. BINURAJ,S/O.LATE K.K.VIJAYAN,DO. DO. 7. THE REVENUE DIVISIONAL OFFICER, O/O.R.D.O,FORT COCHIN-1. 8. THE DISTRICT COLLECTOR,CIVIL STATION, KAKKANAD,ERNAKULAM,PIN- 682 030. R1, R7 & R8 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.29452 of 2010 ------------------------------------------- Dated this the 28th day of October, 2010 J U D G M E N T ---------------------- Petitioners 1 to 7 are the legal heirs of one Sri.K.A.Thomas, who died on 31.7.2010. The above said Sri.K.A.Thomas, had bid in auction an extent of 11.53 Ares of land comprised in Sy.No.65/18 and 65/20 of Nayarambalam Village in an auction sale conducted by the 1st respondent, on 26.8.2009. On finalizing the bid, Sri.Thomas had remitted a sum of Rs.4,31,250/-, being 15% of the total bid amount of Rs.28,75,000/-, on the date of the auction itself. The balance amount was remitted within 30 days thereafter. On an earlier occasion the 2nd respondent and others had filed a writ petition before this court challenging the revenue recovery action and also challenging sale proclaimed at that time. Even though a conditional stay was granted by this court in WP(C).14648/09, they failed to comply with the condition stipulated for payment of a sum of Rs.10 lakhs within two weeks. The sale in question took place pursuant W.P.(C).29452/10-F -2- to default committed in this regard. On payment of the balance bid amount, Sri.Thomas along with 8th petitioner submitted application before the 1st respondent seeking to grant certificate of confirmation and to take further proceedings for execution of sale certificate. But no action for confirmation of the sale and for issuance of sale certificate was taken by the 1st respondent. In reply to specific enquiries conducted by the petitioners, the 1st respondent issued Ex.P5 reply to the effect that, the proceedings for confirmation of sale is pending before the Revenue Divisional Officer. But the confirmation of the sale was not issued so far, and hence this writ petition is filed seeking appropriate directions. 2. In a statement filed on behalf of the R.D.O. (7th respondent) it is mentioned that the file pertaining to the sale was forwarded to him for issuing confirmation. But in the meanwhile, the Deputy Collector (RR), Ernakulam had made an endorsement on the file on 16.11.2009, forwarding a request submitted by the 3rd respondent seeking to set aside the sale. On the basis of such petition, it is stated that, a hearing was conducted on 20.1.2010. It is further stated that after hearing of the matter, the District Collector was addressed to get certain W.P.(C).29452/10-F -3- clarifications in the matter. According to the 7th respondent final orders in the matter will be issued after following necessary procedures, without any further delay. 3. It is noticed that the sale took place on 26.8.2009. Going by the statement of the 7th respondent, the 3rd respondent had filed petition seeking to set aside the sale only on 16.11.2009. However, even thereafter the matter was kept pending indefinitely. The petitioners being legal heirs of the auction purchaser, who had remitted the entire bid amount, are entitled to get the sale confirmed and to get the sale certificate issued in their favour without any further delay. 4. Under such circumstances, it is only just and proper for the 7th respondent to finalise the proceedings after disposing the petition if any received seeking to set aside the sale. 5. Therefore the writ petition is disposed of directing the 7th respondent to consider and pass orders on the petition alleged to have been received from the 3rd respondent seeking to set aside the sale, after affording an opportunity of hearing to the petitioners and the 3rd respondent. A decision regarding confirmation/setting aside of the sale, shall be taken by the 7th respondent at the earliest possible, at any rate within a period of W.P.(C).29452/10-F -4- one month from the date of receipt of a copy of this judgment. Needless to say that if the sale is confirmed in favour of the petitioners, consequent steps for issuance of sale certificate and other follow up actions shall be taken without any further delay. C.K.ABDUL REHIM, JUDGE. okb