Sruthi vs The District Collector, Thrissur
2023 Latest Caselaw 2764 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         Wednesday, the 1st day of March 2023 / 10th Phalguna, 1944
                             WA NO. 2009 OF 2022

    AGAINST JUDGMENT DATED 17.11.2022 IN WP(C) 5641/2011 OF THIS COURT

APPELLANT/PETITIONER:

     SRUTHI, D/O.VISWANATHAN, KODAIKATTIL HOUSE, P.O.AYYANTHOLE,
     AYYANTHOLE VILLAGE, THRISSUR DISTRICT, PIN - 680003.

BY ADVS. M/S.ATHUL SHAJI, ANWIN JOHN ANTONY

RESPONDENTS/RESPONDENTS:

  1. THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, THRISSUR DISTRICT,
     PIN - 680003
  2. THE REVENUE DIVISIONAL OFFICER, THRISSUR, COLLECTORATE, THRISSUR
     DISTRICT, PIN - 680003.
  3. THE TAHSILDAR (R.R), THRISSUR. COLLECTORATE, THRISSUR DISTRICT, PIN
     - 680003.
  4. COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM ROAD
     VIKAS BHAVAN P.O, THRIVANATHAPURAM, PIN - 695033.
  5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
     REVENUE DEPARTMENT, THIRUVANATHAPURAM, PIN - 695001.

BY GOVERNMENT PLEADER FOR R1 TO R5

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of judgment dated 17.11.2022 in W.P.(C) No.5641 of
2011 of the single judge and all further proceedings pursuant to Ext-P1
and Ext-P6, pending final disposal of the writ appeal.
     This Writ Appeal coming on for orders on 01/03/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                      P.T.O.
 EXT.P1:COPY OF THE ORDER NO.B1-5112/08/08

DTD 16.8.2010.

EXT.P6:COPY OF THE PROCEEDINGS DTD 3.2.2011

ISSUED BY R4.

                             ---
          A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
        ----------------------------------------------
                  Writ Appeal No.2009 of 2022
        ----------------------------------------------
             Dated this the 1st day of March, 2023


                               O R D E R

A.Muhamed Mustaque, J

The appellant, who is the auction purchaser,

purchased a property in the auction conducted

under the Kerala Revenue Recovery Act, 1968. The

Collector set aside the auction in favour of the

appellant for the reason that the sale proceeds

is only Rs.15,20,000/- (Rupees Fifteen Lakhs and

Twenty Thousand only) which is not a justifiable

amount fetched and it has come out that the

appellant is a relative of the defaulter. In

such scenario, the appellant shall file an

affidavit before this court, disclosing her

relationship with the defaulter. The affidavit

shall be filed within a period of one week.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE PR

01-03-2023 /True Copy/ Assistant Registrar