JOHNY PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE appeals are filed against the common judgment in W.P.(C) Nos. 21678/2009 and 25968/2012. The writ petitioner in W.P.(C) No. 21678/2009 is the appellant in both the cases. He is the 5th respondent in W.P.(C) No. 25968/2012.

(2.) W .P.(C) No. 21678/2009 is filed challenging the orders passed by the revenue authorities confirming sale of property belonging to the appellant and having an extent of 72 cents out of a total extent of 4.34 acres of land situated in Kadavoor Village. Ext. P3 is an order passed by the District Collector refusing to set aside the sale. By Ext. P4 dated 9.7.2008, the sale conducted on 15.2.2007 was confirmed by the Revenue Divisional Officer. The petitioner preferred a revision before the Board of Revenue, which came to be dismissed as per order dated 2.5.2009 of the Land Revenue Commissioner (Ext. P6). W.P.(C) No. 25968/2012 is filed by the auction purchaser, alleging inaction on the part of the revenue authorities in delivering the property purchased by him despite the fact that the same was confirmed as per order dated 9.7.2008.

(3.) FURTHER , it is contended that subsequent to the sale, an amnesty scheme was introduced by the Sales -tax Department and the petitioner was granted the facility to pay the amnesty amount, which he could not remit. Subsequently, plot nos. 2 and 3 were sold on 6.10.2008 for an amount of Rs. 36,10,000/ -, which was remitted by the auction purchaser. The petitioner did not challenge the said sale and had requested for adjusting the sale amount against amnesty sanctioned as per Ext. P7 dated 29.7.2008. The said sale of plot nos. 2 and 3 was subsequently confirmed on 22.11.2008. The petitioner also seeks for adjustment of the amount recovered by sale of the property towards the amnesty scheme as pet Ext. P7.