IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12712 of 2008(L) ------------------------------------- PETITIONERS: -------------------- 1. M.I.VARGHESE, AGED 63 YEARS, S/O.M.V.IPE KUNNATH HOUSE, KADAMURI, VAKATHANAM, KOTTAYAM. 2. SOSAMMA VARGHESE, W/O.M.I.VARGHESE, KUNNATH HOUSE, KADAMURI, VAKATHANAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ---------------------- 1. SAJI JOHN, KARAPPARA VETTIYIL, VAKATHANAM, KOTTAYAM. 2. JOHN K.JOHN, KARAPPARA VETTIYIL, KOTTAYAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 12712 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. J U D G M E N T This writ petition is filed to correct the survey number in the sale certificate issued by the Court as 92/12 instead of 92/3. A portion of the property was sold in auction and the resurvey was shown as 92/3. 5 ½ cents were sold and the Village Officer had issued that the survey Number of that property is 92/12. It has to be borne in mind the sale was conducted, it was confirmed, sale certificate issued and delivery was taken and at no point of time there has been any dispute regarding the identification of the property. But when it come to the notice of the auction purchaser that the resurvey No. is 92/12 and not 92/03 he had moved the Court for correction of the same. Technicality shall not defeat the interest of justice. There has been no dispute regarding the identification of the property at any point of time. The Court has allowed the application for substituting the resurvey No. W.P.C 12712 OF 2008 -:2:- as 92/12 only on the basis of a certificate issued by the village officer as well. Therefore the order passed by the Court below does not suffer from any infirmity and hence the writ petition lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-