IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 19481 of 2007(T) -------------------------- PETITIONER: -------------- CHIRAYINKEEZHU HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.3404, REP.BY ITS PRESIDENT, CHIRAYINKEEZHU. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ---------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DEPUTY TAHSILDAR (RR), CHIRAYINKEEZHU TALUK, CHIRAYINKEEZHU. 3. R.MADHAVAN, S/O.RAMAN NADAR, KADAYARA PUTHEN VEEDU, ANCHUMARAMKALA, VELLARADA PO. 4. PADMAKUMAR, S/O.RAMAKRISHNAN, KRISHNA COTTAGE, PANDAKASALA, CHIRAYINKEEZHU. R1 & R2 BY GOVERNMENT PLEADER, SMT.N. SUDHA DEVI R4 BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 19481/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ATTACHMENT ORDER DATED 12.7.04. EXT.P2 : TRUE COPY OF THE ATTACHMENT ORDER DATED 15.11.05. EXT.P3 : TRUE COPY OF THE SALE NOTICE DATED 24.1.07. EXT.P4 : TRUE COPY OF THE INFORMATION GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5 : TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 24.02.07. EXT.P6 : TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT DATED 12.03.07. EXT.P7 : TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 10.04.07. EXT.P8 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 15.05.07. RESPPONDENT'S EXHIBITS: EXT.R4(A) : TRUE COPY OF THE PROCEEDINGS NO.G2/8379/03 OF THE TAHSILDAR, CHIRAYINKEEZHU, DATED 14.05.07. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 19481 OF 2007 ------------------------------------------------- Dated this the 16th day of June, 2009 JUDGMENT The 3rd respondent was an employee of the petitioner society. Service benefits were due to the 3rd respondent from the society, which the society did not pay. Proceedings were initiated for recovery of the same, which culminated in the sale of the properties belonging to the petitioner, which was purchased by the 4th respondent. According to the petitioner, petitioner approached the 2nd respondent and offered to deposit the amount but without accepting the same has directed the 1st respondent to take steps to confirm the sale. Thereupon the petitioner approached the 1st respondent and filed Ext.P5, which was not acted upon. It is under the above circumstances the petitioner has approached this Court seeking the following reliefs: “i. issue a writ of mandamus giving direction to the 1st respondent to pass orders on Ext.P5 as expeditiously as possible. ii. Give direction to the 2nd respondent to accept the amount from the petitioner and to set aside sale conducted on 09.02.07.” 2. The 4th respondent has filed a counter affidavit opposing the WPC :19481/07 -:2:- prayers. According to him, he is a bona fide purchaser, who had participated in the auction conducted by the 2nd respondent and has already parted with his money by paying the purchase price. He cannot now be deprived of the benefits of the same is the contention raised by the 4th respondent. 3. I have considered the rival contentions in detail. In view of the fact that the petitioner is a society, I am inclined to take a lenient view in the matter. But, at the same time, the petitioner has to adequately compensate the 4th respondent, since he has already parted with his money in the sale conducted by the 2nd respondent. In the above circumstances, the writ petition is disposed of with the following directions: Counsel for the petitioner now submits that the entire amounts due to the 3rd respondent with interest have been deposited with the 2nd respondent. If the amounts due to the 3rd respondent have been paid by the petitioner, the sale of the properties belonging to the petitioner society shall stand set aside, on the further condition that the petitioner shall also pay interest at the rate of 10% per annum on the amount paid by the 4th respondent for the period from the date of WPC :19481/07 -:3:- deposit till the same is refunded to the 4th respondent. The petitioner shall deposit the interest due to the 4th respondent also within two weeks. The 2nd respondent shall refund the amounts deposited by the 4th respondent within two weeks from the date of receipt of a copy of this judgment with interest. If the petitioner society does not deposit the interest due to the 4th respondent within the said period, the petitioner would not be entitled to the benefits of this judgment and the writ petition shall stand dismissed. S. SIRI JAGAN, JUDGE ttb