MATHEW SAM Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) IT is not in dispute that the present appellant was the highest bidder in the auction sale conducted by the 4th respondent on 18-3-2010 in accordance with the Kerala Revenue Recovery Act of 1968, ("the Act" for short) . According to the appellant, though he was able to deposit 15% of the bid amount on the date of auction, he could not remit the balance amount within 30 days from 18-3-2010 on account of the ailment of his mother who was in hospital. He offered the amount to be remitted on 22-4-2010 i.e. with a delay of three days. As there was delay in depositing the amount in terms of sub Sec. (3) of Sec. 49, the officer refused to receive the money which resulted in the petitioner/appellant approaching this Court. Without any positive direction, the representation of the appellant was directed to be considered on the basis of the direction at Ext.P4. This appellant approached the revisional authority but the same came to be dismissed. The reason for dismissal is want of no provision to extend the time limit prescribed under sub Section (3) of Section 49 of the Act.

(3.) THE learned Single Judge after referring to various provisions, ultimately opined that the reliance placed on Captain v. District Collector - 1999 (2) KLT 547 is totally incorrect as the facts in the said decision are completely different from the present case. However, the Writ Petition came to be dismissed. Aggrieved by the same, the appellant is before us.