IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 13897 of 2007(D) ---------------------------------------- PETITIONER: -------------------- S.SUBHALAKSHMI., AGED 61, W/O.N.SUBBARAYALU REDDIAR, PROPRITRIX OF WELCOME SAREES VAZHUTHACADU, THIRUVANANTHAPURAM, RESIDING AT TC 15/1657(7) M.P.APPAN ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE SECRETARIATE, THIRUVANANTHAPURAM. 2. TAHSILDAR (REVENUE RECOVERY) OFFICE OF THE REVENUE RECOVERY, TAHSILDAR, THIRUVANANTHAPURAM. 3. MANAGER, UNION BANK OF INDIA, CHALA BAZZAR BRANCH, THIRUVANANTHAPURAM. 4. SMT.DEEPA VARGHESE, M/S.WELGATE IMPEX, T.C.19/6669, PATTOM PALACE, KAWDIAR. R1 & R2 BY GOVERNMENT PLEADER SRI. M.R. SABU R3 BY ADV. SRI.A.S.P.KURUP, SC, UBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13897/2007 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF MALAYALA MANORAMA DAILY DTD. 14/03/07. EXT.P2: COPY OF THE TENDER DTD. 24/03/07. EXT.P3: COPY OF CHALLAN DTD. 16/04/07. EXT.P4: COPY OF CHALLAN DTD. 16/04/07. EXT.P5: COPY OF NOTICE BEARING NO.S3-1316/07/ST/3 DTD. 15/03/07. EXT.P6: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 21/04/2007. EXT.P7: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 24/04/2007. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 13897 OF 2007 ----------------------------------------------- Dated this the 26th day of March, 2008 JUDGMENT In this Writ Petition, the petitioner is a successful purchaser of a plot of land that was sold by the 3rd respondent bank. It is stated that, in view of the revenue recovery proceedings initiated by the State for realising the sale tax arrears, the sale could not be concluded. Although the petitioner has deposited 25% of the sale consideration. In these circumstances, to get the sale concluded, this writ petition has been filed. 2. When the matter was taken up for hearing, the learned counsel for the petitioner requested that he will be satisfied if the amount deposited by him is refunded to him. Petitioner also has a claim for interest on the amount deposited by him. Considering the fact that as per the sale conducted by the bank, the petitioner had deposited an amount as above and the sale cannot be concluded, not for the reason attributable to the petitioner, it is only fair that the amount deposited by the petitioner will be refunded to him. Since the bank also cannot be faulted for not WPC No. 13897 OF 2007 2 concluding the sale, I cannot insist the bank to give interest on the deposit made by the petitioner. Therefore, I direct that the bank shall repay the amount deposited by the petitioner. The petitioner shall make a representation before the 3rd respondent within 10 days from today, in which case the 3rd respondent shall pass appropriate orders on that representation in the light of the observations made as above, within two weeks thereafter. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb WPC No. 13897 OF 2007 3