IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13897 of 2007(D)
1. S.SUBHALAKSHMI.,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. TAHSILDAR (REVENUE RECOVERY)
3. MANAGER,
4. SMT.DEEPA VARGHESE,
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent :SRI.A.S.P.KURUP, SC, UBI
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/03/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 13897 OF 2007
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Dated this the 26th day of March, 2008
JUDGMENT
In this Writ Petition, the petitioner is a successful purchaser
of a plot of land that was sold by the 3rd respondent bank. It is
stated that, in view of the revenue recovery proceedings initiated
by the State for realising the sale tax arrears, the sale could not be
concluded. Although the petitioner has deposited 25% of the sale
consideration. In these circumstances, to get the sale concluded,
this writ petition has been filed.
2. When the matter was taken up for hearing, the learned
counsel for the petitioner requested that he will be satisfied if the
amount deposited by him is refunded to him. Petitioner also has a
claim for interest on the amount deposited by him. Considering
the fact that as per the sale conducted by the bank, the petitioner
had deposited an amount as above and the sale cannot be
concluded, not for the reason attributable to the petitioner, it is
only fair that the amount deposited by the petitioner will be
refunded to him. Since the bank also cannot be faulted for not
WPC No. 13897 OF 2007
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concluding the sale, I cannot insist the bank to give interest on the
deposit made by the petitioner. Therefore, I direct that the bank
shall repay the amount deposited by the petitioner. The petitioner
shall make a representation before the 3rd respondent within 10
days from today, in which case the 3rd respondent shall pass
appropriate orders on that representation in the light of the
observations made as above, within two weeks thereafter.
The Writ Petition is disposed of as above.
ANTONY DOMINIC, JUDGE
ttb
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