IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 RP.No. 979 of 2010 -------------------------------- (IN W.P.(C).NO.6703 OF 2009 DATED 6.3.2009) REVIEW PETITIONER(S): PETITIONER: ------------------------------------------------------ K.N.PREMANANDAN, S/O.NARAYANAN, KURATTUPARAMBIL HOUSE, CHEEIYAD MURI, PATHIRAPPALLY VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.K.BABU RESPONDENT(S): RESPONDENTS IN W.P.(C): --------------------------------------------------------------- 1. THE WELFARE FUND INSPECTOR KERALA TODDY WORKERS WELFARE FUND BOARD, ALAPPUZHA. 2. THE TAHSILDAR (R.R.) AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. R1 BY ADV. SHRI KOSHY GEORGE, SC. R2 BY GOVERNMENT PLEADER SMT. KARISHMA. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH, J. ----------------------------------------- R.P.NO.979 OF 2010 IN W.P.(C).NO.6703 OF 2009 G ------------------------------------------ Dated this the 2nd November, 2010. ORDER This is a Review Petition filed against the Judgment in W.P. (C).No.6703 of 2009 dated 6.3.2009. The Writ Petition was disposed of permitting the petitioner to remit Rs.7,00,000/= on or before 31.3.2009 and to remit the balance amount within four months from the date of the Judgment. It was also directed that it is open to the petitioner to have negotiations and a private sale before the respondents for the purpose of clearing the amounts. 2. In the Review Petition, it is stated that the petitioner could not remit the balance amount, though he remitted Rs.7,00,000/= on 31.3.2009. It is also stated that the first respondent has reopened nine closed files and appropriated the interest towards those files, even after accepting the entire amount and Annexure A5 sale notice for the sale of the immovable property of the petitioner was RP.NO.979/10 IN WPC.6703/09 G 2 issued for 4.11.2010. A total extent of 58.30 Ares of land owned by the petitioner is put in auction. It is stated that the petitioner is ready to pay Rs.16,00,000/= (Rupees Sixteen Lakhs) within one month and pay the balance amount in ten equal monthly instalments. 3. Heard the learned counsel for the review petitioner, the learned standing counsel for the first respondent and the learned Government Pleader appearing for the second respondent. 4. It is submitted that because this Court did not give a direction to release the property, the respondents are not agreeable for private sale. Anyway, it is submitted that the petitioner will pay Rs.16,00,000/= (Rupees Sixteen Lakhs) and pay the balance amount in instalments. Learned counsel for the petitioner also submits that the petitioner will withdraw W.P.(C).No.18540/2009 immediately. 5. Learned standing counsel appearing on behalf of the first respondent would also submit that the first respondent is interested RP.NO.979/10 IN WPC.6703/09 G 3 in getting the money and the petitioner must remit the amount of Rs.16,00,000/= (Rupees Sixteen Lakhs) before the properties covered by Annexure A6 are ordered to be released. He also submits that the balance amount is to be paid within a maximum period of three months from the date of payment of Rs.16,00,000/= (Rupees Sixteen Lakhs). 6. In the circumstances, the Review Petition is allowed and the Judgment is reviewed and in the Writ Petition, there will be a direction that the sale as per Annexure A5 shall be kept in abeyance for a period of two weeks from 04.11.2010 and if the petitioner remits Rs.16,00,000/= (Rupees Sixteen Lakhs) on or before 15.11.2010, the property covered by Annexure A6 shall be released to the petitioner by lifting of the attachment. Needless to say, the attachment in respect of the remaining property will continue. Petitioner is given three months' time from 15.11.2010 to remit the entire balance amount including interest. Needless to say, if the petitioner does not remit the amount of Rs.16,00,000/= RP.NO.979/10 IN WPC.6703/09 G 4 (Rupees Sixteen Lakhs) on or before 15.11.2010, the sale of the property covered by Annexure A6 as also the balance property can go on, on the date to which the sale stands adjourned. Counsel for petitioner submits that the petitioner will not raise any objection to the sale being held on the adjourned date on the ground of absence of any fresh notice. Sd/= K.M. JOSEPH, JUDGE kbk. //True copy// PS to Judge