IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 12905 of 2008(J) ------------------------------------- PETITIONER: ------------------ M.T.RADHAKRISHNAN, AGED 56 YEARS, S/O.K.K.THANKAPPAN, THEKKEKKUTTU HOUSE,T.P.PURAM P.O, VAZHOOR, KOTTAYAM DISTRICT. BY ADV. SRI.K.VINOD CHANDRAN SMT.M.P.BINDU RESPONDENTS: ----------------------- 1. KERALA STATE FINANCIAL ENTERPRISES LIMITED, H.P.UNIT,M.D.C.CENTRE, K.K.ROAD, KOTTAYAM. 2. SPECIAL DEPUTY TAHSILDAR (R.R), KERALA STATE FINANCIAL ENTERPRISES LIMITED, KOTTAYAM. 3. THE DISTRCIT COLLECTOR, KOTTAYAM. *ADDL. R4 IMPLEADED. 4. SRI.K.M.ANSARI, S/O. MEERA SAHIBH, RAHMANIYA MANSIL, PERUMBAYIKKATT VILLAGE, KUMARANELLOOR KARA IS IMPLEADED AS PER ORDER DT. 24.6.08 IN IA. 7688/2008. ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R1 & 2 SRI.BIMAL K.NATH FOR ADDL.R4 SRI.S.JAMAL FOR ADDL.R4 SRI.E.M.SUNIL KUMAR FOR ADDL.R4 SRI.SREEVALSAN.V FOR ADDL.R4 SMT.SMITHA DIVAKARAN FOR ADDL.R4 BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12905/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE TAX RECEIPT. EXT.P2:- COPY OF THE NOTICE UNDER SECTION 49 OF THE KERALA REVENUE RECOVERY ACT. EXT.P3:- COPY OF THE PAPER PUBLICATION DT. 13.3.08. EXT.P4:- COPY OF THE APPLICATION DT. 5.4.08. RESPONDENT'S EXHIBITS EXT.R4a & b:- COPY OF THE RECEIPTS FOR PAYMENT OF MONEY. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 12905 OF 2008 J = = = = = = = = = = = = = = = = = Dated this the 24th day of July 2008 J U D G M E N T Petitioner against whom revenue recovery proceedings were initiated, is challenging the sale that was conducted in favour of the additional 4th respondent. It is stated that in this writ petition, by order dated 11.4.2008, stay of confirmation of sale was granted on condition that the petitioner remits an amount of Rs. 1 lakh. It is stated by the petitioner and confirmed by the 1st respondent that the said condition was complied with as per Ext. P5. 2. Petitioner also submits that subsequently following Ext. P6 one time settlement announced by the 1st respondent, petitioner approached the 1st respondent and expressed his willingness to settle the liability. However, according to him, in view of the pendency of this writ petition, the 1st respondent did not accept his offer. Petitioner submits that even now he wants to avail of the benefit of Ext. P6 and is also willing to compensate the additional 4th W.P.(C) No. 12905 OF 2008 -2- respondent as this Court directs. 3. I heard the 1st respondent and also the additional 4th respondent in this matter. 4. Having regard to the totality of facts, I feel that since the petitioner is genuinely desirous of salvaging his property by settling the liability to the 1st respondent and compensating the additional 4th respondent, irrespective of the technicalities involved, he should be given an opportunity to do so. Bearing this in mind the writ petition is disposed of with the following directions: 1) That within 10 days from today, the 1st respondent shall give the petitioner a statement of the total balance amount due from him. On receipt of the statement within a week thereafter petitioner shall pay the amount indicated in the statement. 2) It is also directed that along with the aforesaid amount, petitioner shall remit with the 1st respondent, an amount of Rs.25,000/-, which shall be the compensation payable to the additional 4th respondent. On receipt of the amount as above, within one week thereafter, the 1st respondent/2nd respondent shall refund the entire amount deposited by the additional 4th respondent W.P.(C) No. 12905 OF 2008 -3- along with the additional amount of Rs.25,000/- deposited by the petitioner as directed. 3) It is directed that if the petitioner complies with the directions as above, the property will be released to him free of charges and in case there is default on his part in complying with any one of these conditions, the sale conducted in favour of the 4th respondent will be confirmed. ANTONY DOMINIC JUDGE jan/-