P J CLEETUS Vs. DISTRICT COLLECTOR IDUKKI

JUDGEMENT

(1.) The matter arises under the Kerala Revenue Recovery Act (for short 'the Act').

(2.) Both these writ petitions relate to a sale and possession in respect of a property which was sold by the Tahsildar, Thodupuzha pursuant to a sale notice(Ext. P4) in O.P. No. 13239/03 for realisation of the arrears of abkari dues of the 5th respondent. According to the petitioner in O.P.No.13259/03 properties belonging to her were wrongly included in Ext. P4 sale notice on the purported view that the said property is part of the property belonging to the 5th respondent. The petitioner therefore filed a claim petition (Ext. P5) before he District Collector, Idukki, the first respondent seeking for dropping the proceedings against her property. The second respondent by order dated 31.3.2003 (Ext. P6) rejected the petitioner's claim and also confirmed the sale of the property in favour of the 4th respondent auction purchaser. The petitioner has challenged the said order in this writ petition.

(3.) W.P.(C)No.23047/03 is filed by the 4th respondent in the other O.P. who is the auction purchaser of the property sold in revenue recovery proceedings. He had deposited the price amount of Rs. 4,78,500/- on 10.1.2003. By an interim order dated 3.9.2003 in the above two cases this court issued an interim direction to the petitioner in the first O.P. to deposit a sum of Rs.50,000/- within one month failing which the revenue recovery Authorities will take delivery of the property sold in favour of the petitioner in the latter writ petition. Pursuant to the aforesaid direction the petitioner in O. P. No. 28047/03 had deposited a sum of Rs.50,000/- with the Tahsildar, Thodupuzha. Since the sale pursuant to the auction was confirmed in favour of the auction purchaser he wants delivery and possession of the property so purchased and to put him in possession of the said property.