IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 OP.No. 1389 of 2000(M) ---------------------------------- PETITIONER: ------------------- JOSEPH CHERIYAN, S/O. MATHEN JOSEPH, VETTOOR HOUSE, THELLAKOM KARA, PEROOR VILLAGE, KOTTAYAM TALUK. BY ADVS. MR.ABRAHAM MATHEW (VETTOOR), MR.C.B.SREEKUMAR. RESPONDENTS: ------------------------ 1. SPECIAL SALE OFFICER, DISTRICT CO-OPERATIVE BANK, KOTTAYAM. 2. THE CIRCLE REGISTRAR OFFICER, CO-OPERATIVE SOCIETIES CIRCLE REGISTRAR OFFICE, MEENACHIL, PALA. 3. THE KURAVILANGAD SERVICE CO- OPERATIVE BANK LTD., NO.1049, KURAVILANGAD.P.O., REPRESENTED BY ITS SECRETARY. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIATE, TRIVANDRUM. 5. THE DISTRICT COLLECTOR, KOTTAYAM. 6. THE THAHASILDAR, VAIKOM. 7. THE VILLAGE OFFICER, NEEZHOOR. O.P. NO. 1389/2000-M: 8. SRI. JOSEPH THOMAS, S/O. ULAHANNAN JOSEPH, PACKARAMPEL HOUSE, VAKKAD.P.O., KATTAMPAKU KARA, NEEZHOOR VILLAGE, VAIKOM TALUK. 9. SRI. JOSEPH JOHN, S/O. ULAHANNAN JOSEPH, PACKARAMPEL HOUSE, VAKKAD.P.O., KATTAMPAKU KARA, NEEZHOOR VILLAGE, VAIKOM TALUK. R4 TO R7 BY GOVT. PLEADER, R3 BY ADV.MR.KOSHY GEORGE, R9 BY ADV. SMT.A.A.GEETHA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/06/2009, ALONG WITH W.P(C). NO. 33632/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 1389/2000-M: ORDER ON C.M.P. NO. 2159/2000 IN O.P. NO. 1389/2000-M DISMISSED 25/06/2009. SD/- ANTONY DOMINIC, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AUCTION NOTICE ISSUED BY THE R.1. DTD. 21/07/99. EXT.P.2: COPY OF THE AUCTION NOTICE ISSUED BY THE R.1. DTD. 21/07/99. EXT.P.3: COPY OF THE RECEIPT ISSUED BY THE R.1. TO THE PETITIONER ON 16/09/99. EXT.P.4: COPY OF THE RECEIPT ISSUED BY THE R.1. TO THE PETITIONER ON 16/09/99. EXT.P.5: COPY OF THE NOTICE ISSUED BY THE R.1. TO THE R.8 DTD. 16/09/99. EXT.P.6: COPY OF THE NOTICE ISSUED BY THE R.1. TO THE R.9 DTD. 16/09/99. EXT.P.7: COPY OF THE RECEIPT ISSUED BY THE R.1. TO THE PETITIONER DTD. 13/10/99. EXT.P.8: COPY OF THE RECEIPT ISSUED BY THE R.1. TO THE PETITIONER DTD. 13/10/99. EXT.P.9: COPY OF THE LETTER ISSUED BY THE R.6 TO THE SUB REGISTRAR, KURAVILANGAD DTD. 15/10/99. EXT.P.10: COPY OF THE COMMUNICATION ISSUED BY THE COMMERCIAL TAX OFFICER, 1ST CIRCLE, KOTTAYAM FINDING THE R.8 ELIGIBLE FOR THE AMNESTY SCHEME FOR SETTLEMENT OF SALES TAX LIABILITY DTD. 21/06/2008. EXT.P.11: COPY OF THE RECEIPT NO. 12450 ISSUED BY THE SALES TAX OFFICER, 1ST CIRCLE, KOTTAYAM FOR THE REMITTANCE OF THE 1ST INSTALLMENT OF RS. 27,778/- UNDER THE AMNESTY SCHEME DTD. 31/07/2008. EXT.P.12: COPY OF THE RECEIPT NO. 12470 ISSUED BY THE SALES TAX OFFICER, 1ST CIRCLE, KOTTAYAM FOR REMITTANCE OF THE ENTIRE BALANCE AMOUNT OF RS.83,333/- PAYABLE UNDER THE AMNESTY SCHEME DTD. 30/08/2008. EXT.P.13: COPY OF THE COMMUNICATION ISSUED BY THE COMMERCIAL TAX OFFICER, 1ST CIRCLE, KOTTAYAM TO THE TAHSILDAR, VAIKOM REQUESTING TO WITHDRAW R.R.C. DTD. 30/08/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC,J. --------------------------------- O.P.No.1389/00 &W.P.(C).No.33632/08 ----------------------------------- Dated this the 25th day of June, 2009. JUDGMENT In so far as O.P.No.1389/00 is concerned, in 1984 the 8th respondent herein had availed of a loan from the 3rd respondent Co-operative Bank. Default was committed. Arbitration proceedings were initiated resulting in an award that was passed in 1984. The liability was not discharged and as a result of which, execution proceedings were initiated. 2. Finally, the property mortgaged to the 3rd respondent Bank was brought for sale and in the sale that was conducted on 16.9.2999, the petitioner in O.P.No.1389/00 was the successful bidder. He approached the Sub Registrar for getting the sale registered in his name, when he came across with Ext.P9 produced in O.P.No.1389/00, a communication issued by O.P.NO.1389/00 & anor. 2 the 6th respondent, Tahsildar, Vaikom to the Sub Registrar, to the effect that the 8th respondent was a defaulter in paying sale tax dues and that in the recovery proceedings which were initiated, property was sold in auction and the Government had purchased the property. On this basis the Tahsildar had requested the Sub Registrar not to entertain any transaction with respect to the property of the 8th respondent. It was at that stage the petitioner, the purchaser, filed the Original Petition No.1389/00, seeking to quash Ext.P9 referred to above and for other consequential relief. 2. During the pendency of the Original Petition, the 8th respondent referred to above, settled the liability which lead to the revenue sale, at the instance of the sale tax department, availing of the benefit of an Amnesty Scheme introduced by the State. He approached the authorities for getting the property re- conveyed and it was unduly delayed. It was there upon that he filed WP(c).No.33632/08. In WP(c).No.33632/08 he has produced Ext.P4, a communication issued by the O.P.NO.1389/00 & anor. 3 Commercial Tax Officer, First Circle, Kottayam dated 30.8.2008 informing the Tahsildar, Vaikom that the liability has been fully discharged and requested that the revenue recovery certificate issued may be treated as withdrawn. On the strength of the said Ext.P4 communication he approached the Tahsildar and there upon the Tahsildar by Ext.P5 letter dated 24.9.2008 sought orders of the District Collector and therefore this writ petition was filed. 3. From the materials produced in WP(c).No.33632/08, it is obvious that the liabilities of the petitioner, Sri.Joseph Thomas, which lead to the revenue sale for realizing the sales tax arrears have been fully discharged, availing of the benefit of amnesty scheme. If that be so, there is no reason why property shall not be reconveyed back to its original owner. Therefore the respondents 2 and 4, the District Collector Kottayam and the Tahsildar Vaikom are directed to take necessary steps for re-conveyance of the property having an extent of 74.5 cents situated in Sy. No.518/6A/2 of Kattamback Kara, Meahoor Village, Vaikom Taluk to Sri. O.P.NO.1389/00 & anor. 4 Joseph Thomas, the petitioner in WP(c).No.33632/08. This shall be done as expeditiously a possible and at any rate within 3 months from the date of production of a copy of the judgment 4. In so far as the petitioner in O.P.No.1389/00 is concerned, in the sale that was conducted on 16.9.2009, the property which is the subject matter of WP(c).No.33632/08 he was the successful bidder. At this distance, all that the petitioner herein seeks is that, he should get the amount paid as sale consideration to the Kuravilangad Co-operative Society, 3rd respondent back to him. Necessarily, this will have to be claimed against Sri.Joseph Thomas in appropriate proceedings. I leave open this monetary claim of the petitioner in O.P.NO.1389/00, to be adjudicated in appropriate proceedings. Writ Petitions are disposed of as above. (ANTONY DOMINIC) JUDGE vi/ O.P.NO.1389/00 & anor. 5 ANTONY DOMINIC,J. ---------------------- O.P.NO.1389/00 & W.P.(C).No.33632/08 ---------------------- Dated:- 24th day of June, 2009. JUDGMENT