IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 34173 of 2007(R) -------------------------- PETITIONER: ------------ AMARAVILA CHUDUKAL ULPADAKA KRAYA VIKRAYA SAHAKARANA SANGHOM LTD.NO.K.V.IND. (T)3, NEYYATTINKARA P.O., REPRESENTED BY ITS SECRETARY, L.PAVITHRAN. BY ADV. SRI.D.SAJEEV RESPONDENTS: ------------- 1. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ENFORCEMENT OFFICER (RECOVERY), EMPLOYEES PROVIDENT FUND BHAVISHANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. RENJITH SUMANAM, BETHEL ATHEN, KARINADA, NEYYATTINKARA P.O., THIRUVANANTHAPURAM DIST. 4. V.VIJAYAKUMARAN NAIR, TC 17/555 (1), KAVUVILA VEEDU, CHUDIYARA, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. SRI.C.B.SREEKUMAR SRI.R.T.PRADEEP SRI.M.P.MADHAVANKUTTY SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 34173/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE JUDGMENT IN W.P.C.NO.34639/02 OF THIS COURT. P2. COPY OF THE AFFIDAVIT BY R4 IN W.A.NO.731/06. P3. COPY OF THE JUDGMENT DTD.4.6.07 IN W.A.NO.731/06. P4. COPY OF THE NOTICE DTD.22.11.05 BY R1. P5. COPY OF THE PROCLAMATION OF SALE DTD.7.9.07. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ========================= W.P.(C).No.34173 of 2007 and I.A.No.262/2008 ========================== Dated this the 29th day of January, 2008 J U D G M E N T The petitioner is a co-operative society covered under the Employees' Provident Funds and Miscellaneous Provisions Act (“the Act” for short). They committed default in payment of contributions under the Act. Respondents 1 and 2 initiated recovery proceedings. Ext.P5 sale proclamation has been issued for sale of the property belonging to the petitioner-society for an amount of Rs.37,42,675/-. The third respondent, the authorised representative of the successful bider in the auction, paid Rs.24,24,000/- which is the bid amount. The petitioner filed this writ petition contending that the said amount does not represent the actual value of the property and the 4th respondent is prepared to purchase the property for Rs.30 lakhs and therefore, he filed this writ petition seeking the following reliefs: “i) Call for the records, which may leads [sic] to the public auction pursuant to Ext.P5 proclamation of sale and quash the same as illegal, arbitrary and against Ext.P1 and P3 judgments of this Honourable court by issuing a writ of certiorari or other appropriate direction or order. ii) To issue a writ of mandamus or other appropriate writ order or direction, directing the 1st and 2nd respondents to conduct public w.p.c.34173/07 2 auction afresh after notifying an advertising that the reserve price below which the property shall not be sold at Rs.37,42,657/- for each lot, that being the amount due in the P.F. account in respect of the petitioner. iii) To appoint a receiver or a commissioner to conduct public auction with respect to properties comprised in Re.Survey No.84 of Neyyattinkara village which is scheduled in Ext.P5 proclamation of sale as expeditiously as possible.” In the meantime, one Sri.S.Janardanarn Nair filed I.A.No.262/2008 stating that he is prepared to purchase the property for the entire amounts demanded by the Provident Fund Organization from the petitioner and therefore, he may be impleaded as party to the writ petition. In view of this offer, the third respondent was asked as to whether he is willing to match this offer. Today, the third respondent has filed an affidavit stating that he is prepared to pay the amount offered by the said Sri.S.Janardanan Nair for the property. In the above circumstances, I dispose of this writ petition with a direction to respondents 1 and 2 to confirm the sale in favour of the 3rd respondent for a sum of Rs.37,42,657/- and complete the sale proceedings by receiving the balance sale consideration. Since the said Sri.S.Janardanan Nair did not participate in the auction, I am not inclined to entertain his application for impleading. w.p.c.34173/07 3 Accordingly, I.A.No.262/2008 is dismissed. The balance amount shall be deposited by the 3rd respondent within one month from today. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge