IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 36694 of 2007(R)
1. USHA G. PILLAI,
... Petitioner
2. SREE GANAPATHY PILLAI,
Vs
1. STATE OF KERALA,
... Respondent
2. M/S. KERALA FINANCIAL CORPORATION,
3. THE DISTRICT MANAGER,
4. THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
For Petitioner :SRI.S.M.PREM
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/12/2007
O R D E R
ANTONY DOMINIC, J.
= =W.P.(C) = =36694=OF= = = = =
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2007 R
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Dated this the 12th December, 2007
J U D G M E N T
Petitioners, against whom proceedings were initiated by the
respondent Corporation, have approached this Court contending
that though the property mortgaged have been sold to a stranger,
they are now willing to pay off the sale value to the Corporation. On
this basis the petitioners pray that the Corporation be directed to
re-convey the property to the petitioners.
2. Standing Counsel for the Corporation submits that in the
sale that was conducted the property was purchased by a stranger
and that the purchaser has already remitted 1/3rd of the bid
amount. In view of the aforesaid facts, I am not prepared to direct
the Corporation to accept the offer made by the petitioners and re-
convey the the property to the petitioners. However, if the
petitioners are so advised they may institute proceedings,
impugning the sale with the buyer also in the party array.
WPC No. 36694/07 – 2-
3. At this stage counsel for the petitioners complains that the
petitioners are unaware of the whereabouts of the bidder and as a
result thereof, they are not in a position to proceed with the bidder
on the party array. In my view the grievance is certainly genuine
and the Corporation will provide the address and other particulars
of the person who has purchased the property in auction.
4. Without prejudice to the rights of the petitioners to impugn
the same or seek appropriate reliefs this writ petition is closed.
ANTONY DOMINIC
JUDGE
jan/-