IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).NO. 7376 OF 2008(C) ------------------------- PETITIONER: ------------ KARAMANA VISWABRAHMA SAMUDAYANM, SREE MUTHUMALIYAMMAN DEVASTHANAM REPRESENTED BY ITS SECRETARY P.VELUMURUGAN. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ------------- 1. T.V.R.FUND, REPRESENTED BY ITS MANAGING PARTNER, VELAYUDHAN ACHARI, SON OF THANU ACHARI, CHAKKALA VILAKATHU VEEDU, ANDIYIRAKKAM, KARAMANA P.O., TRIVANDRUM. 2. RAJAGOPAL, CHAKKALA VILAKATHU VEEDU, ANDIYIRAKKAM, KARAMANA P.O., THIRUVANANTHAPURAM. 3. THE OFFICIAL RECEIVER, DISTRICT COURT, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 7376 OF 2008 --------------------- Dated this the 3rd day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the First Additional District Court, Thiruvananthapuram, to hear and pass orders in Ext.P3 and to issue a writ of certiorari to quash Ext.P1 notification for sale. 2. It is the contention that the property which is proposed to be sold in auction on 4.3.08 is the property belonging to the Temple purchased by a virtue of a document in the year 1984 and that the insolvent does not have any interest, as is evident that even the insolvency petition is only filed in the year 1989. It is submitted that the publication was effected on the paper dated 28.2.08 fixing the sale on 4.3.08. When a claim application is filed, it is necessary that some orders have to be passed in the case before further proceeding with the sale. Therefore, I direct the court below to consider, if an application is filed by the petitioner for a stay on the basis of Ext.P3, and dispose it of within a period of two weeks. Till that time the sale be adjourned. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps