IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 W.P(C).No. 32678 of 2007(M) ----------------------------------- PETITIONER: -------------- JOSE THOMAS, AGED 39, S/O.THOMAS, CHEMMALAKKUZHIYIL HOUSE, NJEEZHOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, PALA. 3. THE TAHSILDAR, VAIKKOM TALUK OFFICE. 4. THE VILLAGE OFFICER, NJEEZHOOR VILLAGE OFFICE, VAIKKOM TALUK, KOTTAYAM DISTRICT. 5. A.J.SIMON, PROPRIETOR, HOTEL GOLDEN PARK, THALAYOLAPPARAMBU, THALAYOLAPPARAMBU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, ALONG WITH W.P.(C) NO. 30795 OF 2007 W.P. (C) NO. 1486 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) Nos.32678 & 30795 of 2007 and W.P.(C) No. 1486 of 2008 = = = = = = = = = = = = = = = = = Dated this the 24th January, 2008 J U D G M E N T The petitioner in W.P.(C) No. 32678/07, is the successful bidder of a property, the confirmation of which has been ordered by Ext.P2 order in W.P.(C) No. 1486/08. Petitioner in W.P.(C) No. 1486/88, the defaulter whose property was sold and the sale of which was confirmed by Ext.P2 submits that he will pay Rs.6 lakhs to the petitioner in W.P.(C) No. 32678/07 by a demand draft in full satisfaction of the amount that he has deposited on confirmation of the sale in his favour and interest thereon. It is submitted that this payment will be effected within two weeks from today and the counsel for the petitioner in W.P.(C) No. 32678/07 agrees that once the payment is received he will have no further claim against the property which has been confirmed in his favour by Ext. P2 order in W.P.(C) No. 1486/08. The parties agree that the amount deposited by the petitioner in W.P.(C) No. 32678/07 towards the value of the W.P.(C) Nos.32678/07, 30795/07 & 1486/08 - 2 - property confirmed in his favour, can be appropriated towards the liability of the defaulter, the petitioner in W.P.(C) No. 1486/08. In view of the above, I direct that the respondents shall adjust the amount deposited by the petitioner in W.P.(C)No. 32678 of 2007 towards the liability of the petitioner in W.P.(C)No. 1486 of 2008 forthwith. With this, the dispute raised in W.P.(C) Nos. 32678/07 and 1486/08 stands settled and the sale in favour of the petitioenr in W.P. (C) No. 32678 of 2007 will stand set aside. 2. Now what remains is the liability that is the subject matter of W.P.(C) No. 30795/07. Counsel for the writ petitioner submits that once the amount is appropriated as above, the petitioner is willing to discharge the entire liability that is due to the Government for which revenue recovery proceedings have been initiated and properties have been sold. All that he prays for is that, he be given an instalment facility to discharge the liability and that he be intimated the exact amount that is due after the appropriation of the amount as above and the amount deposited by him pursuant to the order dated 23.10.2007 as also giving credit to the other payments that he has made till now. Taking into account the W.P.(C) Nos.32678/07, 30795/07 & 1486/08 - 3 - submissions that are made by counsel for the petitioner in W.P.(C) No. 30795/07 and the learned Govt. Pleader, the following directions are issued: 3. Once the appropriation of the amount deposited by the petitioner in W.P.(C) No. 32678/07 is made and after giving credit to all the payments that are made, the exact amount that is now remaining due from the defaulter shall be intimated to him. This shall be done by the Tahsildar, Vaikom, within four weeks of receipt of a copy of this judgment. The balance amount that is due from the petitioner shall be permitted to be paid by him in six equal monthly instalments. The first instalment will be payable on or before 10th April, 2008 and the subsequent instalments will be payable before the 10th of every succeeding month. 4. In case the petitioner in W.P.(C)No. 30795 of 2007, commits default in paying any one of the instalments as above, the respondents will be free to proceed with the revenue recovery proceedings. It is also directed that once the entire liability is discharged, the attachments will be lifted and the properties now proceeded against will be released to the petitioner. W.P.(C) Nos.32678/07, 30795/07 & 1486/08 - 4 - 5. Needless to state that in case other debts are due from the petitioner herein it is always open to the respondents to take necessary steps for its recovery. Writ petitions are disposed of as above. ANTONY DOMINIC JUDGE jan/-