IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 24625 of 2006(F) -------------------------- PETITIONER(S): --------------- ARIYERI BALAN, S/O. KELAN, AGED 68, KAYARALAM AMSOM, MULLAKKODI DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE TAHSILDAR, TALIPARAMBA, KANNUR DISTRICT. 3. MOOLAYIL SAJEEVAN, S/O. KUNHIRAMAN, MULLAKKODI P.O., MAYYIL (VIA), KANNUR DISTRICT. R1 AND R2 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE NO. E2/7780/92/OM ISSUED BY 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE NOTICE DATED 30.12.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE PETITION DATED 25.4.2006 SUBMITTED BEFORE THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE JUDGMENT IN OP 39105 OF 2002 EXT.P5 TRUE COPY OF THE BANKERS CHEQUE FOR PAYMENT OF RS. 10,000/- DATED 26.4.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 24625 OF 200 -------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioner is challenging sale of petitioner's property to third respondent in recovery proceedings for recovery of balance amount which is stated to be only Rs. 15,000/-. Since sale is not confirmed, and petitioner undertakes to clear the arrears, I dispose of the WPC cancelling the sale of petitioner's property in recovery proceedings to the third respondent on the following conditions. Tahsildar will adjust from out of sale proceeds recovered the arrears and interest due from the petitioner and prepare a refund voucher in favour of petitioner for the balance amount deposited by the third respondent. Petitioner will get a demand draft taken for the entire amount deposited by third respondent along with interest at the rate of 1.5 per cent per month or part thereof a month for the entire amount deposited by the third respondent from the date of deposit by him till 20.11.2008 and give the same to the Tahsildar by 18.11.2008date of refund. Tahsildar will release the refund to the petitioner and give demand draft furnished by 2 the petitioner to the third respondent on petitioner furnishing the same. On furnishing the demand draft by the petitioner in favour of third respondent, the sale will stand cancelled. However, if there is non- compliance, sale will be confirmed. W.P. is disposed of as above. Issue photocopy to both sides on Monday itself. (C.N. RAMACHANDRAN NAIR) Judge kk 3