High Court of KeralaWP(C)/32647/2011disposed of

T.V.Mathews v. Kerala State Electricity Board & 3 ORS.

2015-06-02Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 32647 of 2011 (E) -------------------------------------- PETITIONER:

-------------------------- T.V.MATHEWS,AGED 68 YEARS, FARMER, THENUKAL HOUSE, NENMENI P.O SULTHAN BATHERY, WAYANAD DISTRICT BY ADV. SRI.P.THOMAS GEEVERGHESE RESPONDENT:

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1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM - 695 004

2. SUB-COLLECTOR, RDO OFFICE, MANANTHAVADI, WAYANAD - 670 645

3. TAHSILDAR,(REVENUE RECOVERY) AMALAVAYAL, WAYANAD - 670 001

4. SRI.MUJEEB RAHMAN, S/O.KOYAMU HAJI, KULIRAVUNGAL (H), VALIYAPRAMBUY KODUVALLY - 670 001 R1 BY ADVS. SMT.P.K.RADHIKA, KSEB SRI. K.M.SATHYANATHA MENON, SC, KSEB R3 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32647 of 2011 (E) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF LETTER OF DEPUTY CHIEF ENGINEER,KSEB DATED 15.5.2004 EXT.P2 TRUE COPY OF JUDGMENT IN CC NO.337/1999 DATED 30.4.2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, S.BATHERY EXT.P3 TRUE COPY OF NOTICE OF SALE NO.C3/21580/00 DATED 14.6.2007 EXT.P4 REPRESENTATION OF PETITIONER DATED 30.3.2009 TO DISTRICT COLLECTOR EXT.P5 TRUE COPY OF ORDER OF SUB-COLLECTOR,MANANTHAVADY DATED 24.8.2011 RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXT.R1(a) A TRUE COPY OF THE ORDER DATED 5.10.2000 EXT.R1(b) A TRUE COPY OF THE ORDER DATED 07.06.2004 IN I.A. NO. 6313/2004 EXT. R1(c) A TRUE COPY OF THE COMMUNICATION DATED 24.06.2014 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 32647 OF 2011 ---------------------------------------- Dated this the 2nd day of June, 2015

JUDGMENT

The property of extent 24 cents belonging to the petitioner was sold in auction for a paltry sum of Rs. 1,34,000/-. The petitioner did file Ext. P4 representation dated 30.03.2009 within thirty days from 25.03.2009 on which date was the auction sale conducted. But the sale was confirmed on 24.08.2011 without reference to Ext. P4 representation or hearing the petitioner.

I do feel that there has been an infraction of the provisions of Kerala Revenue Recovery Act and particularly Section 52 thereof. The petitioner has reportedly remitted a sum of Rs. 1,50,000/- pursuant to the interim order dated 08.12.2011 in this writ petition. The fourth respondent who is the auction purchaser though served with notice in the writ petition has not chosen to oppose the plea. Ext. P5 order confirming the

W.P.(C). NO. 32647 OF 2011 2 sale is therefore quashed and the matter remitted to the second respondent for de-novo consideration.

I direct the second respondent to consider Ext. P4 representation afresh (a copy of which will be made available by the petitioner) within a period of two months. The requisition authority and the auction purchaser shall be put on notice and heard. The question whether the property of the petitioner can be salvaged on adequately compensating the auction purchaser and paying the electricity dues shall be explored. The writ petition is disposed of.

V. CHITAMBARESH JUDGE