IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 21613 of 2006(W) -------------------------- PETITIONER: ------------ K.L.BAIJU, AGED 39 YEARS, S/O.LUKOSE, KARUPPAN KIZHAKKETHIL, NEENDOOR, ONAMTHURUTHU, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. INSPECTOR OF CO-OPERATIVE SOCIETIES FOR ADMINISTRATION & EXECUTION, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 3. THE KAIPUZHA SERVICE CO-OPERATIVE BANK LTD.NO.3793, REPRESENTED BY ITS SECRETARY. 4. TAHSILDAR, KOTTAYAM. 5. VILLAGE OFFICER, KAIPUZHA. FOR R1, R2 AND R4 GOVERNMENT PLEADER, SMT.M.K.PUSHPALATHA FOR R3, SRI.T.A.SHAJI SMT.T.V.NEEMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21613/2006 APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PUBLIC NOTICE IN ARC NO.6988/2001 EXT.P2: TRUE COPY OF THE PUBLIC NOTICE IN ARC NO.6989/2001 EXT.P3: TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT EVIDENCING PAYMENT OF RS.47,400/- EXT.P4: TRUE COPY OF THE RECEIPT DATED 24/02/2006 FOR PAYMENT OF RS.2,68,600/- EXT.P5: TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 19/05/2006 CONFIRMING THE SALE IN FAVOUR OF THE PETITIONER. EXT.P6: TRUE COPY OF THE SALE DEED EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER ON 14/06/2006. EXT.P7: TRUE COPY OF THE APPLICATION FOR EFFECTING MUTATION OF THE ABOVE PROPERTY IN FAVOUR OF THE PETITIONER. \\TRUE COPY// THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 21613 of 2006-W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 13th day of February, 2008 J U D G M E N T The third respondent bank had security interest on a property belonging to one Shaji Simon. That was brought to auction following an arbitration award under the K.C.S Act. The petitioner purchased that property in auction, acting on the proclamation which did not disclose any further encumbrance. After taking the sale in his favour, the revenue officials refused to carry out the mutation in his name, on the ground that, proceedings under Sections 82 and 83 of the Code of Criminal Procedure were initiated against Shaji Simon and, therefore, the properties are under attachment. That is a crucial fact and material which ought to have been brought to the notice of the intending bidder in auction, in execution. Respondents 2 and 3 ought to have verified with the revenue officials regarding any such adjustments, before conducting the sale in hand. The petitioner cannot be penalised for having participated and bid the property in auction. W.P.(C).No.21613/2006-W -: 2 :- 2. Having regard to the totality of the facts and circumstances, this writ petition is allowed setting aside the sale and directing that the entire amounts paid by the petitioner, as consideration, shall be returned by the third respondent with interest at 8% per annum from the date of deposit till date of payment. Petitioner shall also be paid amounts toward all expenses incurred by him including the cost of stamp paper etc. The third respondent will be at liberty to add on such expenditures and interest to the debt of Shaji Simon. Payments as above shall be released by the third respondent to the petitioner within a period of two months from now. This writ petition is allowed as above. THOTTATHIL B.RADHAKRISHNAN, Judge ms