IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 33771 of 2010(V) -------------------------- PETITIONER: ------------------ JOSE CHERIYAN, AGED 58 YEARS, KOODALLIL HOUSE, PEACE LANE, KURISUMMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.D.SADASIVAN, AGED 62, S/O.DAMODHARAN, RESIDING AT MUTTITHARA HOUSE, THRICKODITHANAM P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADVS. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DISTRICT COLLECTOR, COLLECTORATE, COLLECOTRATE P.O., KOTTAYAM, PIN-686 002. 3. DEPUTY TAHSILDAR (R.R.), KERALA FINANCIAL CORPORATION, KOTTAYAM P.O., KOTTAYAM, PIN-686 003. 4. KERALA FINANCIAL CORPORATION, BRANCH OFFICE, GEETHA TRADE CENTRE, M.C.ROAD, NEAR YWCA, KOTTAYAM, HEAD POST OFFICE, PIN-686 001, REPRESENTED BY ITS MANAGER. 5. SMT.SHEEBA JOSSY, W/O.JOSSY VARGHESE, M/S.DOMINIC GOLD WORKS, THOPPIL HOUSE, KURISUMMOODE P.O., VAZHAPPALLY EAST, CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 104. R1 & R2 BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN R2 & R4 BY SRI.A.A.ABUL HASSAN, SC , KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 33771 OF 2010 -------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT Petitioner is the auction purchaser of a property sold in public auction by the 3rd respondent, pursuant to steps initiated under the Kerala Revenue Recovery Act. Grievance of the petitioner is that inspite of confirmation of sale, payment of the entire sale consideration, execution and registration of the sale certificate, and delivery of possession of the property, the 4th respondent is not handing over the title deeds and other documents pertaining to the property, inspite of the repeated requests made. 2. Standing counsel appearing for the 4th respondent submitted that the documents could not be handed over to the petitioner only because of pendency of WP(C) 13308/2010 before this Court, which was filed by the 5th respondent herein, who was the owner of the said 2 WP(C) No. 33771/2010 property. 3. WP(C) No. 13308/2010 was dismissed on today, through a separate judgment. In view of dismissal of that Writ Petition, there is no impediment in transferring the title deeds and other documents pertaining to the property, is the submission. 4. The above submission is recorded and the Writ Petition is closed with a direction to the 4th respondent to take necessary steps for handing over the documents as stated above, at the earliest possible. C.K. ABDUL REHIM JUDGE dnc