IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 469 of 2008(E) ------------------------ PETITIONER: ------------ K.K.JOMON, S/O. KURIAKOSE, KALLIDICKAL HOUSE, THAZHATHANANGADY P.O., KOTTAYAM. BY ADV. SRI.K.C.PETER RESPONDENTS: ------------- 1. THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, KOTTAYAM. 2. THE TAHSILDAR, REVENUE RECOVERY, KOTTAYAM TALUK, KOTTAYAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, ALONG WITH WPC NO.3726 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER DT.18.8.2007 OF R1 RDO. P2: TRUE COPY OF ORDER OF CONFIRMATION OF SALE DT.18.8.2007 ISSUED BY R1 R.D.O. P3: TRUE COPY OF ORDER DT.12.9.2007 OF R2. P4: TRUE COPY OF ORDER DT.19.11.2007 OF R1. P5: TRUE COPY OF CERTIFICATE OF SALE DT.26.11.2007. P6: TRUE COPY OF ORDER OF R1 DT.26.11.2007. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) Nos.469 & 3726 of 2008 .................................................................... Dated this the 10th day of April, 2008. JUDGMENT The common petitioner in the W.Ps. is challenging the order of the District Collector cancelling the sale of defaulter's property in favour of the petitioner. Petitioner's case is that once sale is confirmed, the Collector has no authority to interfere with confirmation of sale made under Section 54 of the Revenue Recovery Act. Counsel for the petitioner further contended that the complaint against sale was made by defaulter's father who was the guarantor for granting sales tax registration to his son, the defaulter herein. His further contention is that property belongs to defaulter and his father together and so much so, father cannot claim exclusive right over the property. It is further contended that there is agreement for sale of the property in favour of the petitioner and petitioner has produced the sale agreement. In any case since the Collector has no power to interfere with the confirmed sale, the impugned order of the Collector is vacated. If the land owners have grievance, they can approach the Land Revenue Commissioner under Section 83 of the Revenue Recovery Act. However, since sale is cancelled by the Collector, the W.Ps. are disposed of granting two months time to land owners to file petition before the Land Revenue 2 Commissioner and obtain interim orders. However, if no orders are obtained in two months, petitioner can claim possession thereafter. C.N.RAMACHANDRAN NAIR Judge pms