IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 21684 of 2008(F) ---------------------------------------------- PETITIONERS: -------------------- 1. SUJIR DINESH NAYAK, S/O.LATE SRI.SUJIR KESAV NAYAK, 56 YEARS, RESIDING AT .8 KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI 400 020. 2. SUJIR ANANTH NAYAK, S/O.LATE SHRI. SUJIR KESHAV NAYAK, 48 YEARS,R/A.AT.DO.DO. 3. SUJIR ANANTH NAYAK, S/O.LATE SHRI SUJIR KESHAV NAYAK, AGED 48 YEARS RESIDING AT DO.DO. 4. SUJIR SAROJINI NAYAK, S/O.LATE SHRI.SUJIR KESHAV NAYAK AGED 58 YEARS, RESIDING AT DO.DO. BY ADV. SRI.T.M.CHANDRAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS: ----------------------- 1. DISTRICT COLLECTOR, KOLLAM 2. TAHSILDAR (RR), KOLLAM 3. VINOD, S/O.UNNIKRISHNAN KULANGARA HOUSE, ASRAMAM, KOLLAM. BYGOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 21684 OF 2008 F -------------------------------------- Dated this the 7th August, 2008 JUDGMENT Petitioners are the legal heirs of deceased Sujir Kesav Nayak who was a Partner of M/s. Sujir Ganesh Nayak & Company, Kollam. It is stated that the property of the firm was sold in auction for realisation of sales tax due from the firm. Petitioners have approached this Court challenging the auction conducted on 4.10.2006. The auction was conducted under the Revenue Recovery Act. The petitioners' predecessor-in-interest filed Ext.P1 application before the first respondent District Collector to set aside the auction. According to petitioners, they and the third respondent who is the auction purchaser were heard. But, no orders have been passed or served on them. I heard the learned Government Pleader also. In view of the fact that no orders have been passed on Ext.P1 application according to petitioners, the Writ Petition is disposed of directing the first respondent to pass orders on Ext.P1 in accordance with law, if WPC.21684/08F 2 no order has been passed already. This shall be done within a period of three weeks from the date of receipt of a copy of this Judgment. If order has already been passed, the order shall be communicated to the petitioners within three weeks of production of a copy of this Judgment. Sd/= K.M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge