IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 28521 of 2010(M) -------------------------- PETITIONER(S): --------------- M.MUHAMMED ISMAIL, ISMAIL MANZIL, VETTIPRAM ROAD, PATHANAMTHITTA. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA 2. TAHASILDAR, REVENUE RECOVERY, PATHANAMTHITTA, HAVING OFFICE AT MINI CIVIL STATION, PATHANAMTHITTA. 3. C.N.JANAKI, W/O. THANKAPPAN, MELOOTTU VEEDU, ELANTHOOR KIZHAKKE MURI, PATHANAMTHITTA. R1 & R2 BY GOVT. PLEADER SRI. BIJOY CHANDRAN R3 BY ADVS. SRI.GEORGE MATHEW SRI.DIPU JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28521 of 2010(M) APPENDIX PETITIONERS' EXHIBITS: P1. COPY OF THE RECEIPT DATED 17.1.2009. P2. COPY OF THE RECEIPT DATED 6.2.2009. P3. COPY OF THE JUDGMENT DATED 25.5.2009 IN WP © NO.6923/2009. P4. COPY OF THE ORDER DATED 4.2.2010 OF THE COMMISSIONEROF LAND REVENUE. P5. COPY OF THE ORDER DATED 17.8.2010 OF THE DEPUTY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 28521 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2011 J U D G M E N T The property of the 3rd respondent was put in auction by the Revenue Authorities for recovery of compensation amount as ordered by a criminal court in proceedings under Section 138 of the Negotiable Instruments Act. The petitioner purchased the same. The sale was confirmed. The petitioner's grievance is that, delivery is not being effected pursuant to the same. The petitioner therefore seeks the following reliefs: “i) call for the records relating to this case. ii) issue a writ of mandamus or appropriate writ direction or order and direct the respondents to give vacant possession of the sale conducted on 17.1.2009, comprised in survey No.311/10-01 having an extend of 02.02 ares of land situating in Elanthoor Village in Kozhenchery Taluk.” 2. No counter affidavit is filed by the 3rd respondent but the 3rd respondent tried to argue that the delivery cannot be effected for want of compliance with certain procedural irregularities. The 3rd respondent had challenged the sale itself in W.P. (C) No.27010/2010. Today, I have dismissed that writ petition overruling the W.P.(C)No. 28521 of 2010 -2- objections of the 3rd respondent and holding that the sale was conducted properly. As far as the contentions of the 3rd respondent are concerned, it cannot be considered since delivery has not yet taken place. Only if delivery has been effected the irregularity, if any, in the delivery can be challenged. In the above circumstances, insofar as the sale has been confirmed by me in W.P.(C) No.27010/2010, there is nothing standing in the way of the respondents 1 & 2 in effecting delivery of the properties pursuant to the sale. Accordingly, I direct the respondents 1 & 2 to see that, the property purchased by the petitioner in revenue sale conducted by respondents 1 & 2 is delivered to the petitioner, in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/