IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 4006 of 2011(A) ------------------------- PETITIONER(S): ------------------------ SUSAN JOSE, PANDIKUDIYIL HOUSE, VENGOOR P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S): ----------------------- 1. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY COLLECTOR (REVENUE RECOVERY), KERALA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY TAHSILDAR (R.R.), KERALA FINANCIAL CORPORATION, ERNAKULAM-682 017. 4. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, PERUMBAVOOR BRANCH, SNDP BUILDINGS, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542. 5. THE DISTRICT COLLECTOR, ERNAKULAM-682 030. 6. M/S. GEECO PLASTICS, VENGOOR, VENGOOR P.O., KURUPPAMPADY, PERUMBAVOOR, REPRESENTED BY ITS MANAGING PARTNER JOY VARGHESE. PIN-683 542. GOVERNMENT PLEADER SMT.K.R.DEEPA FOR R5 STANDING COUNSEL SRIM.M.SAIDU MOHAMMED FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb C.T.RAVIKUMAR, J. ---------------------------------------- W.P.(C)No. 4006 OF 2011 -------------------------------------------------- Dated this the 28th day of February, 2011 J U D G M E N T The petitioner, who is successful bidder in the auction pertaining to an extent of 7.89 Ares of property comprised in Survey No.391/4, Block No.11 of Vengoor Village conducted by the Kerala Financial Corporation, filed this writ petition mainly with a prayer to issue a writ of mandamus directing the respondents 1 to 5 to comply with Sections 54 and 56 of Kerala Revenue Recovery Act 1968, registering, executing and granting a certificate of sale in her favour with respect to the aforementioned property. The said auction was conducted for realising debt due from the 6th respondent pursuant to Exts.P1 and P2 sale notices. On the date of sale, the petitioner had deposited 15% of the bid amount and thereafter remitted the balance amount within 30 days from the date of sale as contemplated under Section 49(3) of the Kerala Revenue Recovery Act, 1968. The contention of the petitioner is that, since the sale was confirmed in the name of the petitioner, there W.P.(C).No. 4006 OF 2011 2 is no reason for the respondent for delaying registration, execution and granting of certificate in terms of the provisions under Sections 54 and 56 of the Kerala Revenue Recovery Act 1968. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent Corporation and also the learned Government Pleader. There is no dispute with respect to the fact that the auction of the aforementioned property held on 25.3.2010 was confirmed in the name of the petitioner. So also, there is no dispute with respect to the fact that, on such bid, the petitioner had deposited 15% of the bid amount on the very date of sale and the balance amount of purchase money within thirty days of the sale in terms of the provisions under Section 49(3) of the Kerala Revenue Recovery Act 1968. In the said circumstances, the respondents are bound to confirm the sale and register, execute and grant sale certificate in favour of the petitioner with respect to the property in question in the absence of any successful challenge against the sale. In this case, nobody has a case that sale in question W.P.(C).No. 4006 OF 2011 3 was successfully challenged by somebody. In the said circumstances, the respondents are duty bound to comply with the provisions under Sections 54 and 56 of Kerala Revenue Recovery Act 1968. Consequently, there will be a direction to respondents 1 to 5 to take steps to comply with the mandatory requirements of Sections 54 and 56 of the Kerala Revenue Recovery Act 1968 and confirm, register, execute and grant sale certificate in favour of the petitioner with respect to the property comprised in Survey.No.391/4, Block No.11 of Vengoor Village having an extent of 7.69 Ares purchased by the petitioner in public auction held on 25.3.2010 pursuant to Exts.P1 and P2. This shall be done as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR JUDGE dmb