IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 13787 of 2008(N) -------------------------- PETITIONER(S): --------------- RAJAN P.C., VERAKKAL PUTHEN VEETTIL, PERUR P.O., PERUR VILLAGE, KOTTAYAM DISTRICT. BY ADV. MR.KOSHY GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 3. THE SPECIAL DEPUTY TAHSILDAR(RR) K.S.F.E.LTD., M.D.COMMERCIAL CENTRE, KOTTAYAM. 4. THE KERALA STATE FINANCIAL ENTERPRISES, REPRESENTED BY ITS BRANCH MANAGER, K.S.F.E, KOTTAYAM. 5. K.M.SULAIMANKUNJU, S/O.MEERA SAHIB, REHMANIA MANZIL, KUMARANALLOOR KARA, PERUMBAIKKATT VILLAGE, KOTTAYAM. ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R3, 4 SRI.BIMAL K.NATH FOR R.5 SRI.S.JAMAL FOR R.5 SRI.E.M.SUNIL KUMAR FOR R.5 SMT.SMITHA DIVAKARAN FOR R.5 SRI.SREEVALSAN.V FOR R.5 GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R1, 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 13787 OF 2008 N ```````````````````````````````````````````````````` Dated this the 4th day of February, 2009 J U D G M E N T The property of the petitioner came to be sold in a revenue auction to clear the arrears due to the Kerala State Financial Enterprises. The 5th respondent is the auction purchaser. 2. I heard learned counsel for the petitioner, learned Government Pleader, learned counsel appearing on behalf of the KSFE and the learned counsel for the 5th respondent. 3. The challenge is against the sale and the prayer is not to confirm the sale. It is not in dispute that the sale has not been confirmed. 4. The parties have arrived at a settlement. It is submitted that the 5th respondent has paid Rs.2,71,000/-. It is also not in dispute that the petitioner has paid Rs.40,000/- as per the orders passed by this court. It is submitted by the learned counsel for the 5th respondent that the 5th respondent is prepared to accept the entire consideration paid by him with some reasonable WPC.13787/08 : 2 : compensation. Learned counsel for the KSFE submits that the KSFE will pay back the sum of Rs.40,000/- with the KSFE to the 5th respondent. He further submits that any further amount remaining to the credit of the petitioner will be paid over to the petitioner provided further conditions are fulfilled. Learned counsel for the petitioner submits that if the petitioner is given ten weeks time, he will pay a sum of Rs.2,50,000/- and this will be over and above Rs.40,000/- to be paid by the KSFE to the 5th respondent. In such circumstances, writ petition is disposed of directing the 4th respondent to pay over to the 5th respondent a sum of Rs.40,000/- within one week from the date of receipt of a copy of this judgment. The petitioner is given a period of ten weeks time from today to pay the sum of Rs.2,50,000/- to the 5th respondent. Upon payment of the sum of Rs.2,50,000/- by the petitioner, the 4th respondent will release the documents in the possession of the KSFE relating to the property to the petitioner as also any amount lying with it over and above Rs.40,000/-, which is an excess of what it entitled to keep, after meeting all the charges. If the petitioner does not remit the amount of Rs.2,50,000/- within ten WPC.13787/08 : 3 : weeks from today, it will be open to the 2nd respondent to proceed to confirm the sale in favour of the 5th respondent in which case the 5th respondent will pay over to the petitioner the amount of Rs.40,000/- paid to him by the 4th respondent within a period of one month from the date on which the sale is confirmed. The payment of Rs.2,50,000/- as per this judgment will be by way of demand draft to be made over through the 4th respondent to the 5th respondent. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE