IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 21997 of 2006(R) -------------------------- PETITIONER(S): --------------- XAVIER THOMAS, AGED 20 YEARS, S/O.THOMAS, MANJOORAN HOUSE, MUTTUCHIRA.P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE.P.O., KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM DISTRICT. 3. THE DEPUTY TAHSILDAR (RR), VAIKOM, KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, MUTTUCHIRA VILLAGE, KOTTAYAM DISTRICT. 5. THE TAHSILDAR, TALUK OFFICE, VAIKOM, KOTTAYAM DISTRICT. 6. THE TAX RECOVERY OFFICER (INCOME TAX), PUBLIC LIBRARY BUILDING, SASTRI ROAD, KOTTAYAM-686001. G.P. SRI.MATHEW VADAKKEL FOR R1TO5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF RECEIPT DT.19.7.2006 ISSUED BY R5. P2: PHOTOCOPY OF ORDER OF ATTACHMENT DT.23.11.2005 ISSUED BY R6. P3: PHOTOCOPY OF NOTICE FOR SETTING A SALE PROCLAMATION DT.5.12.2005 ISSUED BY R6. P4: PHOTOCOPY OF PETITION DT.11.8.2006 SUBMITTED BEFORE R1 TO R4 AND R6. P5: PHOTOCOPY OF LETTER DT.11.8.2006 ISSUED BY R5. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.21997 of 2006 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT The petitioner purchased an item of property in auction and as advance 15% was deposited. However, immediately petitioner realised that there was other attachments by Central Government Departments for recovery of income tax arrears, excise duty etc. The W.P. is filed in 2006 and the prayer was only against forfeiture of advance. Nothing stopped the respondents from selling the property in public auction again so that if any purchaser is willing to purchase it, property could have been sold because dispute on priority among creditors do not affect sale at all. In the circumstances, W.P. is allowed cancelling the sale made to the petitioner with direction to the first respondent to refund the amount deposited by the petitioner without any interest, within a period of two months from now. There will be direction to the District Collector to supervise sale of the property and property should be sold within a period of three months from the date of receipt of copy of this judgment. If there is any other Government agency claiming charge over the property, they can place the claim before the District Collector for deciding priority for the purpose of 2 appropriation. Since the petitioner is permitted to withdraw and take security back, petitioner will not be permitted to participate in the next auction. C.N.RAMACHANDRAN NAIR Judge pms