(1.) EXT .P1 is a sale notice published by the 4th respondent for the sale of the properties of a Company by name "Marayur Paper Boards", Marayur. Property offered for sale was 2.2685 Hectars of land. Details of the property offered for sale are mentioned in Ext.P1. Sale was on 7.12.2009. Petitioner participated in the sale and offered Rs.73.45 Lakhs. He was the highest bidder and his offer was accepted. In terms of the conditions of sale, petitioner deposited 15% of the offered amount. Ext.P2 is the receipt issued by the 4th respondent acknowledging payment of Rs.11,01,750. Admittedly, petitioner did not pay the balance amount within the time specified in the tender conditions. He filed W.P.(C).1515/10 before this Court seeking a direction for the acceptance of the balance portion of the bid amount and confirm the sale in his favour. That writ petition was disposed of by Ext.P4 judgment wherein the relief sought for was declined and this Court held thus:-
(2.) A reading of the aforesaid portion of the judgment shows that during the course of the argument, petitioner raised a contention that the sale, which was confirmed in his name, was invalid and therefore, the amount deposited by him should be refunded. Dealing with that contention, in the light of the objection raised by the respondents that the plea was not raised in the writ petition, this Court held that the petitioner may pursue such a contention if it is legally permissible.
(3.) HEARD the learned counsel appearing for the petitioner, the learned Government Pleader appearing for respondents 1, 3 and 4 and the learned Standing Counsel appearing for the 2nd respondent.