IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 RP.No. 1059 of 2009() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.35631/2008 DATED 25/06/2009 .................... REVIEW PETITIONER/3RD RESPONDENT ---------------------------------------------------------- GENERAL MANAGER (CHIEF MANAGER), KERALA FINANCIAL CORPORATION, KOLLAM BRANCH. BY ADV. MR.A.A.ABUL HASSAN, SC, KFC RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 ---------------------------------------------------------------------------- 1. GOPAKUMAR K., ELAMON MADOM, MUKHATHALA-P.O.,KOLLAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THAHASILDAR (R.R), KOLLAM. R2 & R3 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. R1 BY ADV. MR.ALTHAF. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. ----------------------------------------- Review Petition No.1059 OF 2009 IN W.P.(C) No.35631 OF 2008 ----------------------------------------- Dated this the 15th day of February, 2010. O R D E R The review petitioner herein is the 3rd respondent in the writ petition. The matter concerns with the auction of a portion of land having an extent of 2.15 Ares out of the total extent of 89 Ares. The writ petitioner is the auction purchaser and the sale stands confirmed. In the writ petition, the review petitioner was directed to take steps to remove the bus and the generator without causing any damage to the petitioner's property. Alleging disobeyance of the judgment in the writ petition, the writ petitioner has filed Contempt of Court Case No.1261/2009. 2. Heard the parties. In the review petition it is pointed out that the review petitioner has already removed the bus. But, with regard to the generator, the same is having a capacity of 110KVA and is fixed to the concrete floor and kept in a separate generator room constructed for the same. It can be removed only with the assistance of a technical expert. R.P. No.1059/2009 2 3. In the meanwhile, the Company to which the generator belongs has been ordered to be wound up by the Company Court in C.P.No.37/2008 by order dated 11.08.2009. The Company Court has appointed the Official Liquidator as provisional Liquidator of the company pending final orders. It is pointed out that the Official Liquidator has taken over all the assets of the Company on 22.09.2009 and prepared the list of items taken over from the Corporation wherein item No.31 is Diesel Generator, which is the subject matter of the present review petition. In the light of the above, the writ petitioner will have to move the Company Court seeking for appropriate directions. The operative portion of the judgment is therefore modified by directing the petitioner to move the Company Court seeking appropriate orders for removal of the Generator from the property in question. This review petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp