P GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petitioner challenges the legality of the revenue sale conducted at the instance of the Kerala Financial Corporation on 17-12-2004 and the consequential orders passed in pursuance thereto in these proceedings.

(2.) Petitioner submits that he is the owner of a four storeyed commercial building situated in 23 cents of land in survey number 90/3B and 91/9B of Ottappalam II Village in Palakkad district, located at the heart of Ottappalam Town.

(3.) The first sale notice dated 15-1-2004 was issued by the Deputy Collector (R.R.) under S.49(2) of the Revenue Recovery Act claiming a total amount of Rs. 58,63,210 with interest. Twenty three cents of land, building and improvements in survey No. 90/3 B and 91/9B of Ottappalam Village and 4 acres and 15 cents of property with building and improvements situated at Vaniyamkulam were included in the sale notice. Date notified for sale was 20-2-2004. Sale did not materialise and yet another sale notice dated 12-7-2004 under S.49(2) of the Revenue Recovery Act was issued as per which Ottappalam Town property alone was sought to be sold on 17-9-2004. Sale did not materialise since there were no bidders. Later another sale notice dated 27-9-2004 was issued under S.49(4) of the Act and the sale was scheduled to be held on 8-10-2004. Sale did not materialise on that date also since there was no bidder. Yet another notice dated 15-10-2004 was issued under S.49(4) for the conduct of sale on 29-10-2004. Notice dated 22-10-2004 was issued under S.49(4) notifying the sale date as 29-10-2004 which was published in the Mathrubhoomi daily dated 22-10-2004. On 29-10-2004 also no bidders turned up and the sale could not be held. Later another notice dated 15-11-2004 was issued under S.49(2) stating that sale would be effected on 17-12-2004 and the sale was effected on the said date legality of which is under challenge in these proceedings.