IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 34199 of 2009(T) --------------------------------------- PETITIONER(S): -------------------------- RAJESH.K.K. S/O. KAMALASANNAN, KALESH BHAVAN, CHELLIKUZHY.P.O., PATTAZHY VADAKKEKKARA, KOLLAM DISTRICT. PIN-691556. BY ADVS. MR.MANOJ RAMASWAMY SMT.MERIL MUTHU P.JOHN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMNT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, KOLLAM-691001. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM-691001. 4. THE THAHSILDAR, PATHANAPURAM-691695. BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.34199 of 2009 -T ------------------------------ Dated this the 6th day of January, 2010. J U D G M E N T The petitioner is the auction purchaser of the property in question, sold in public auction conducted by the fourth respondent pursuant to Ext.P1 notification. The grievance of the petitioner is that despite the satisfaction of the entire sale consideration, the sale has not been confirmed. 2. When the matter came up for consideration before this Court on 14.12.2009, it was submitted by the learned Government Pleader appearing for the respondents that the sale has already been set aside, because of the regularities in effecting the same and that the remedy of the petitioner, is to approach the statutory authority in this regard. 3. A copy of the order passed in this regard ie. setting aside the sale conducted on 18.10.2006, has been produced before this Court along with a memo. The said order bearing No.KDS 8154/07/F dated 23.7.2009 passed by the Revenue Divisional W.P(C) No.34199 of 2009 -T 2 Officer, Kollam shows that the sale was necessitated to be set aside in view of the infringement of various provisions under the Revenue Recovery Act as to the publication of the notice and other relevant aspects. It is also seen that a copy of the order has already been marked to the petitioner, to be served through the Village Officer, Pattazhi, Vadakkekara. The learned Government Pleader handed over a copy of the same to the learned counsel for the petitioner for immediate reference. In the above facts and circumstances the petitioner, if aggrieved in any manner, is at liberty to approach the concerned authority by filing a revision petition under sub Section 1 of Section 83 of the Kerala Revenue Recovery Act, if so advised. Reserving the said right, interference is declined in the above writ petition. The Writ Petition is dismissed accordingly. Sd/- P.R.RAMACHANDRA MENON, JUDGE //True Copy// P.A to Judge ab