IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 21676 of 2007(E) ---------------------------------------- PETITIONER: ------------------- L.GEETHAKUMARI, KOCHUVEETTIL, VAZHICHAL, OTTASHEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., REP. BY MANAGING DIRECTOR, TRIVANDRUM. 2. BRANCH MANAGER, K.S.F.E, VELLARADA, TRIVANDRUM. 3. SPECIAL DEPUTY TAHSILDAR (R.R.), K.S.F.E. LTD., NEYYATTINKARA-695 121. 4. DISTRICT COLLECTOR, TRIVANDRUM. *ADDL.R5 IS IMPLEADED: R5. P.S.ARAVINDAKSHAN, ARUN NIVAS, KALLAYAM P.O., VATTAPPARA VILLAGE, NEDUMANGAD TALUK, TRIVANDRUM. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 25/07/2007 IN I.A.NO.10238/07) BY SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21676/2007 E APPENDIX PETITIONER'S EXHIBIT: EXT.P1: COPY OF THE NOTICE NO.SDT/NTA/1139 & 1155/00-01 DTD. 5/05/2007 ISSUED BY 3RD RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 21676 of 2007 -------------------------- Dated this the 5th February, 2008 J U D G M E N T The property belonging to the petitioner was brought to sale on 26.6.2007. It was purchased by the additional 5th respondent for an amount of Rs.4 Lakhs. Apparently, the amount due from the defaulter as on the date of sale was Rs.3,38,582/-. Though contentions have been raised in the writ petition challenging the sale, the counsel on either side have agreed that the sale may be set aside, provided, the entire amount paid by the auction purchaser with 12% interest is paid to the auction purchaser. Accordingly, the writ petition is disposed of in the following terms: i) If the petitioner pays an amount of Rs.4 Lakhs plus interest thereon at the rate 12% per annum from 27.6.2007 till 10.3.2008 by means of demand draft drawn in the name of additional 5th respondent and hands over the same to the additional 5th respondent on or before 10.3.2008 the sale, which was held on 26.6.2007 shall stand set aside. W.P ( C) No. 21676 of 2007 2 ii) Petitioner shall also pay an amount of Rs.10,000/- as expenses to the additional 5th respondent along with the amount as mentioned above. iii) On payment of the said amount and intimation of the same to the K.S.F.E - the 1st respondent, the 1st respondent shall refund to the petitioner the amount of Rs.4 Lakhs, after deducting an amount of Rs.3,38,582/- due from the defaulter as on 26.6.2007 and an amount equivalent to 5% of the above as collection charges. The said amount shall be paid within one month from the date on which the petitioner intimates the payment, as directed in clauses (i) and (ii) above. It is made clear that if the petitioner commits any default, the sale held on 26.6.2007 shall stand confirmed. (V.GIRI, JUDGE) ma W.P ( C) No. 21676 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 21676 of 2007 2 25th May, 2007