Jolly Thomas vs Official Receiver
2022 Latest Caselaw 1457 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
                           OP(C) NO. 1194 OF 2021
    AGAINST THE ORDER/JUDGMENT IN OS 19/1966 OF SUB COURT, ALAPPUZHA
PETITIONERS:

     1        JOLLY THOMAS,
              AGED 83 YEARS
              W/O. LATE CHERIYAN THOMAS POPPALLIL,
              EAST OF KANYIAMKULAM JUNCTION, ALAPPUZHA.
     2        DILEEP CHERIYAN THOMAS
              AGED 53 YEARS,
              S/O .LATE CHERIYAN THOMAS POPPALLIL,
              EAST OF KANYIAMKULAM JUNCTION, ALAPPUZHA.
     3        GEORGE THOMAS,
              AGED 47 YEARS,
              S/O .LATE CHERIYAN THOMAS POPPALLIL,
              EAST OF KANYIAMKULAM JUNCTION, ALAPPUZHA.
     4        BINDU MARY ABRAHAM,
              AGED 52 YEARS,
              D/O .LATE CHERIYAN THOMAS POPPALLIL,
              EAST OF KANYIAMKULAM JUNCTION, ALAPPUZHA.
     5        SUMITHA SANTHOSH CHALY,
              AGED 51 YEARS,
              D/O .LATE CHERIYAN THOMAS POPPALLIL,
              EAST OF KANYIAMKULAM JUNCTION, ALAPPUZHA.
              BY ADV K.S.HARIHARAPUTHRAN


RESPONDENT:

              OFFICIAL RECEIVER
              DISTRICT COURT, ALAPPUZHA 688 001.

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1194 OF 2021
                                    2


                             JUDGMENT

Dated this the 2nd day of February, 2022

The petitioners, who are the additional defendants 33 to 37

in a final decree matter pending in O.S. 19/1966 on the file of the

Sub Court, Alappuzha, have filed this Original Petition on

23.07.12021 under Article 227 of the Constitution of India.

2. As per order dated 29.07.2021, this Court authorised

Adv.Gireesh, who was the Official Receiver, to auction the right of

paddy cultivation in 65.10 acres of land forming part of the decree

schedule property.

3. The learned counsel for the petitioners would submit

that this year also the same Advocate may be authorised to do the

auction as allowed, as per order dated 29.07.2021, otherwise the

parties to the suit would suffer.

4. In this case, the other parties in the final decree are not

arrayed as parties in this Original Petition. However, it is submitted

by the learned counsel for the petitioners that others have no

dispute in this matter since the income will be distributed in the

proportion fixed by the court. The submission is recorded. I could

notice that there are complaints against Adv.Gireesh and enquiry

also on.

OP(C) NO. 1194 OF 2021

5. Therefore, Adv.Gireesh cannot be appointed again in

this matter. Since, the post of Official Receiver in Alappuzha

reported to be vacant, another Senior lawyer in Alappuzha can be

appointed as Commissioner. Therefore, this Original Petition is

allowed and thereby Adv.Najeeb, Member, Alappuzha Bar

Association is appointed in this matter as Commissioner and is

authorised to auction the right of paddy cultivation in the above

item of property and deposit the amount so collected before the

Court so that the Court can decide the disbursement of the same

as per law.

6. The learned Sub Judge, Alappuzha is directed to

oversee the implementation of the order and if any objection is

raised by the parties in relation to the implementation of the order,

that can also be considered by the Sub Court if any application to

that effect being filed on this behalf.

It is ordered further that if Adv. Najeeb asks for necessary

records in this matter from the trial court by filing a memo and

appraising the necessity of documents before the trial court, copies

of the same to be given to Adv.Najeeb. Rs.7,500/- is fixed as the

Commission Batta and the same shall be adjusted by the

Commissioner from the auction price along with voucher for the OP(C) NO. 1194 OF 2021

same when depositing the auction amount. The Commissioner can

seek additional batta if any by filing memo before the trial court, if

the workload is high otherwise.

Registry is directed to forward a copy of this judgment to the

court concerned, within seven days, for information and

compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr OP(C) NO. 1194 OF 2021

APPENDIX OF OP(C) 1194/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE I.A. NO. 1 /2021 DATED 25/06/021 FILED IN OS NO. 19 OF 1966 ON THE FILES OF TH SUB JUDGE'S COURT ALAPPUZHA.

Exhibit P2 TRUE COPY OF THE I.A. NO. 2/2021 DATED 05/07/2021 FILED IN OS NO. 19 OF 1966 ON THE FILES OF THE SUB JUDGES COURT, ALAPPUZHA.

Exhibit P3 TRUE COPY OF THE DISTRIBUTION LIST PREPARED BY THE RESPONDENT RECEIVER FOR THE YEAR 2020 FOR DISTRIBUTING THE AUCTION AMOUNT TO THE PARTIES AS PER THE PRELIMINARY DECREE PASSED IN THE CASE.