IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 22593 of 2009(T) -------------------------- PETITIONER(S): --------------- NIZAR.A., S/O.AHAMMED, AGED 36 YEARS, SIYAD MANZIL, LEJANATH WARD, ALAPPUZHA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.K.S.SALEESH RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA. 2. THE SALE OFFICER, ALLEPPEY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. (CARD BANK) NO.94, ALAPPUZHA. 3. THE TAHSILDAR, AMBALAPPUZHA, ALAPPUZHA. BY GOVERNMENT PLEADER MR. MOHAMMED HASHIM ADV. MR.K.N.VENUGOPALA PANICKER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22593 of 2009(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF SALE CERTIFICATE DATED 22/2/08 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. EXT.P2 - TRUE COPY OF ORDER DATED 10/4/08 OF THE 1ST RESPONDENTs EXT.P3 - TRUE COPY OF CHELAN RECEIPT DATED 25/11/08. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 22593 of 2009 ................................................. Dated this the 8th day of October, 2009 J U D G M E N T The petitioner participated in an auction conducted by the 2nd respondent-Sale Officer, for the sale of certain properties mortgaged by a defaulter as security for repayment of loan amounts, for recovery of the loan amounts. The offer of the petitioner was accepted and Ext.P1 sale certificate was also issued. Grievance of the petitioner in this writ petition is that the property purchased by him is not being delivered to him. The petitioner therefore seeks the following reliefs: “i) Issue a Writ of Mandamus or any other appropriate writ, order or direction to the 2nd respondent to take emergent steps to deliver the property mentioned in Exts.P1 and P2 to the petitioner; ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction to the 3rd respondent to measure and demarcate the property mentioned in Exts.P1 and P2 without further delay so as to enable the 2nd respondent to deliver the same to the petitioner;” 2. The 2nd respondent has filed a counter affidavit stating that the 2nd respondent has taken all possible measures for delivery of the property to the petitioner. However, it is only W.P(C) No. 22593 of 2009 -2- because of the inaction on the part of the 3rd respondent to measure properties and fix the boundaries, the same could not be done is his contention. The learned Government Pleader on behalf of the 3rd respondent submits that the difficulty in completing proceedings is that there are encroachments in the property and therefore it is necessary to measure the entire properties, in order to deliver possession of the property to the petitioner. The Government Pleader seeks one month's time to complete the entire process. Having considered the arguments on both sides, I dispose of this writ petition with a direction to the 3rd respondent to complete the proceedings for measuring the properties within one month and directing the respondents to hand over the properties purchased by the petitioner to him, as expeditiously as possible, at any rate, within two months from today. S. SIRI JAGAN, JUDGE rhs