IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 8228 of 2011(C) -------------------------------- PETITIONER(S): ------------------- K.SUKUMARAN, AGED 64 YEARS, S/O.KRISHNAN, KRISHNA NIVAS, MARAVANTHURUTH PO, K.S.MANGALAM, VAIKOM, KOTTAYAM DIST. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT(S): --------------------- 1. DISTRICT COLLECTOR, KOTTAYAM PIN 686 002. 2. REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM DIST PIN 686 575. 3. TAHSILDAR, VAIKOM TALUK, KOTTAYAM DIST PIN 686 141. 4. VILLAGE OFFICER, KULASEKHARAMANGALAM VILLAGE, MARAVANTHURUTH PO, KOTTAYAM PIN 686 608. 5. P.S.JAMAL, S/O.SULAIMAN, PARAMANATH HOUSE, KULASEKHARAMANGALAM PO, KOTTAYAM PIN 686 608. 6. OFFICIAL LIQUIDATOR, HIGH COURT OF ERNAKULAM PIN 682 608. R1 TO R4, R6 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R5 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 8228/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT DATED 29/10/2010 ISSUED BY THE TAHSILDAR VAIKOM. P2: COPY OF THE RECEIPT ISSUED BY THE TALUK OFFICE DATED 27/11/2010. P3: COPY OF THE REPRESENTATION DATED 17/12/2010 FILED BY THE PETITIONER. P4: COPY OF THE REPRESENTATION FILED BEFORE THE SUB COLLECTOR PALA DATED 05/01/2011. P5: COPY OF THE REPRESENTATIONN FILED BEFORE THE DISTRICT COLLECTOR, KOTTAYAM DATED 08/02/2011 RESPONDENT'S EXHIBITS: R5(a):COPY OF THE SALE NOTICE NO.G3/7507/2001 DATED NIL ISSUED BY THE 3RD RESPONDENT. R5(b):COPY OF THE RECEIPT DATED 26/11/2010 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT. R5(c):COPY OF THE LETTER NO.TSI/CP.18/99/OS NO.350/97/14362/2010 DATED 26/11/2010. /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 8228 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of July, 2011. J U D G M E N T The auction purchaser in a revenue recovery proceedings in execution of a decree passed by the Company Court in liquidation proceedings is the petitioner herein. He is aggrieved by the fact that despite his paying the full sale price, the sale is neither being confirmed nor is the amount paid by him refunded. I am of opinion that it is more appropriate that the Company Court considers the matter insofar as the sale is pursuant to proceedings in winding up of company in liquidation. Therefore, without prejudice to the right of the petitioner to approach the Company Court, this writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/