STATE OF TAMIL NADU Vs. V SUNDARAMOORTHY

JUDGEMENT

(1.) This is a case where the State has been deprived of realising its legal dues not only because of the cleverness of the litigant, but also because of the lapse on the part of the authorities.

(2.) The plaintiff/1st respondent's father was the successful bidder in the auction conducted for the year 1981-1982. He did not remit the entire amount and therefore steps to recover the same were initiated by the appellants. At that time, the second respondent/bidder filed W.P.No.4751 of 1983. This Court directed the second respondent to remit Rs.1,38,597.50 within six weeks and to give security for Rs.1,40,000/-. The writ appeal filed against that was also dismissed.

(3.) On 17.08.1987, notice of auction was given. The date of auction was 15.12.1987. To prevent this, the first respondent herein filed O.S.No.510 of 1987 for a declaration that the appellants cannot bring the properties to sale and for injunction.