IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WA.No. 345 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18912/2010 Dated 31/01/2011 .................... APPELLANT(S): PETITIONER ------------------------ RADHAKRISHNAN NAIR, S/O. NARAYANAN PILLAI, AGED 54 YEARS, OURAMKUZHI, KATTUMPURAM P.O., KALLARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): RESPONDENTS -------------------------- 1. JOINT REGISTRAR (GENERAL), KERALA CO-OPERATIVE SOCIETIES, MATHRUBHUMI JUNCTION, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT, KERALA STATE. 2. SPECIAL SALE OFFICER, KILIMANOOR CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. 3. KILIMANOOR CO-OEPRATIVE AGRICULTURAL DEVELOPMENT BANK, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, REP. BY ITS SECRETARY. R1 BY G.P. SMT. ANU SIVARAMAN ADV. SRI.NAGARAJ NARAYANAN FOR R2-3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W. A. No. 345 of 2011 -------------------------------------------- Dated this the 10th day of March, 2011 JUDGMENT Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned single Judge confirming cancellation of sale of defaulter's property in favour of the appellant by the first respondent. We have heard counsel appearing for the appellant and standing counsel appearing for respondents 2 and 3. After hearing both sides and after going through the judgment, we find that the sale of the property of the defaulter was made by the Sale Officer in favour of the appellant without issuing notice to the legal heirs of the defaulter who was dead when the sale was notified. The learned single Judge also found that the property was not valued and upset price was also not fixed before notifying the property for sale which are procedural violations. We do not think appellant can claim any benefit out of an irregular or illegal act done by a Government agency. Accordingly we do not find any merit in the Writ Appeal. However, we direct the second respondent, the Sale WA 345/2011 2 Officer to refund the entire amount deposited by him to the appellant within a period of two weeks from the date of receipt of a copy of this judgment. If the amount stands deposited in the third respondent-Bank then there will be direction to the Bank to give interest at the rate of 6% per annum from the date of deposit till date of refund. Writ Appeal stands posed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk WA 345/2011 3