IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1150 of 2004(J)
1. RAJAN THOMAS, KALLUMGAL HOUSE,
... Petitioner
Vs
1. TAHSILDAR, DEVIKULAM,
... Respondent
2. REVENUE DIVISIONAL OFFICER,
3. DISTRICT COLLECTOR, IDUKKI.
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.JOMY GEORGE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :26/11/2007
O R D E R
KURIAN JOSEPH J.
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Writ Petition (Civil) No.1150 of 2004
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Dated 26th November, 2007.
J U D G M E N T
Petitioner approached this court aggrieved by Exts.P3
and P5 notices. Petitioner is an auction purchaser of the property
referred to in the notices. The auction was conducted on
28.2.2003. Being a successful bidder in the auction, after
depositing the entire bid amount, the petitioner was put in
possession of the property. After about ten months, Ext.P3 notice
was issued by the Tahsildar stating that the Revenue Divisional
Officer, by proceedings dated 6.11.2003 had set aside the sale.
Petitioner submits that no notice whatsoever was issued to him
regarding such proceedings before the Revenue Divisional Officer.
In the statement filed on behalf of the first respondent, it is stated
as follows :-
“The Revenue Divisional Officer in his proceedings No.B7-
5767/02 dated 6.11.2003 set aside the sale conducted on
28.2.2003 on finding that the bid amount which includes value
of a building existed in the land, was too low.”
I am afraid, the reason cannot be appreciated. As held by the
Division Bench of this court in Subaida Sulaiman v. Hamsa
[1991(2) KLT 158], mere inadequacy of the price fetched at the
WP NO. 1150/04 2
sale would not by itself is a sufficient ground to set aside the sale.
That apart, it is shocking to note that the petitioner was not even
issued a notice. Exts.P3, P5 and the proceedings of the Revenue
Divisional Officer referred to in Ext.P3 are accordingly quashed.
There will be a direction to the respondents to pass orders
regarding confirmation of the sale, within one month from the
date of production of a copy of the judgment.
The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
tgs