WILSON CHAKKAPPAN Vs. TAHASILDAR ALUVA

JUDGEMENT

(1.) The petitioner purchased a parcel of land, 22.10 ares in extent, situate in Sy. No. 142/7 of Manjapra Village, Aluva Taluk, Ernakulam District in a sale conducted on 17-9-2009 under Section 49 of the Kerala Revenue Recovery Act. 1968 at the instance of the Kerala Financial Corporation (hereinafter referred to as "the Corporation" for short). The Corporation had lent money to Sri. K.C. Joseph, to whom the land belonged, for establishing a rice mill. When he defaulted repayment of the loan, the Corporation took steps to recover the amount advanced by it, by recourse to the provisions in the Kerala Revenue Recovery Act, 1968 (hereinafter referred to as "the Act" for short). Thereupon, the aforesaid parcel of land was attached, brought to sale and sold in public auction on 17-9-2009. The petitioner who quoted Rs. 30,75,000 was the successful bidder in the auction. As per the terms of the sale proclamation, the petitioner remitted the sum of Rs. 4.62.000 on 17-9-2009 itself and the balance sum of Rs. 26,13,000 on 14-10-2009, The Deputy Collector (Revenue Recovery), Kerala Financial Corporation, Thiruvananthapuram, confirmed the sale as per Ext. P-1 order dated 21-6-2010. A few days later, the Deputy Tahsildar (Revenue Recovery), Kerala Financial Corporation, Ernakulam sent Ext. P-2 letter dated 25-6-2010 to the petitioner informing him that the sale in his favour has been confirmed and that he should within 7 days from the date of receipt of the letter, produce stamp papers of the value representing 6% of the bid amount. The petitioner was also informed that if later, the stamp duty paid is found to be insufficient, he will have to make good the difference in the stamp duty.

(2.) As directed in Ext. P-2 letter, the petitioner produced stamp papers of the aggregate value of Rs. 1,85,000 (namely 7 stamp papers of the value of Rs. 25,000 each and one stamp paper of the value of Rs. 10,000 before the Deputy Collector (Revenue Recovery), Kerala Financial Corporation, Thiruvananthapuram. Thereupon Ext. P-3 sale certificate was executed on 26-7-2010, but it was not handed over to the petitioner for registration. After the sale was held on 17-9-2009, the Deputy Tahsildar (Revenue Recovery). Kerala Financial Corporation, Ernakulam sent a letter dated 17-9-2009 to the defaulter informing him that if he has any objection to the sale, he may move the Deputy Collector (Revenue Recovery), Kerala Financial Corporation, Thiruvananthapuram within 30 days from 17-9-2009 under Section 52 or 53 of the Act. The defaulter thereafter filed W.P. (C) No. 29824 of 2009 in this Court challenging the letter dared 17-9-2009 and seeking a direction to the respondents therein to conduct a re-auction. He thereafter filed a representation dated 15-10-2009 before the Deputy Tahsildar (Revenue Recovery), Kerala Financial Corporation, Ernakulam and the District Collector, Ernakulam objecting to the sale held on 17-9-2009. In that representation, he contended that the amount realised in the sale is negligible and it is less than the upset prize. In the said representation he requested that the sale may not be confirmed. W.P. (C) No. 29824 of 2009 was disposed of by judgment delivered on 22-10-2009 with a direction that in the event of the defaulter filing a proper application before the Deputy Collector (Revenue Recovery), Kerala Financial Corporation, Thiruvananthapuram within one week, the said authority shall consider it and dispose it of in accordance with law, within two weeks from the date of receipt of the application. This Court also directed the Deputy Collector not to confirm the sale if not already confirmed, till a decision is taken by the Deputy Collector.

(3.) Pursuant to the directions issued by this Court in W.P. (C) No. 29824 of 2009, the defaulter submitted a representation dated 26-10-2009 before the Deputy Collector (Revenue Recovery), Kerala Financial Corporation, Thiruvananthapuram. The Deputy Collector considered the said representation and rejected the request for re-auction. The Deputy Collector however gave the defaulter a chance to submit a fresh application under Section 52 of the Act. A letter dated 2-11-2009 was thereupon sent to the defaulter, wherein he was called upon to remit the bid amount of Rs. 30,75,000 and 5% of the said amount together with interest and costs within ten days from the date of receipt of the letter, failing which he was informed that the sale held on 17-9-2009 will be confirmed. The defaulter thereupon filed W.P. (C) No. 34221 of 2009 in this Court challenging the letter dated 2-11-2009 which was produced and marked as Ext. P-7 therein. W.P. (C) No. 34221 of 2009 was disposed of by judgment delivered on 30-11-2009 reserving liberty with the defaulter to file a revision petition before the appropriate authority. This Court directed that if such a revision petition accompanied by a petition seeking interim stay is filed by the defaulter, within a period of two weeks from the date of receipt of a copy of the judgment, the competent authority shall consider the same and pass appropriate orders, either on the revision petition or on the interlocutory application within a period of two weeks thereafter. This Court also directed that in order to enable the defaulter to move the revisional authority, further proceedings for confirmation of the sale shall be kept in abeyance for a period of one month.