Kerala High Court
Lillykutty Augustine vs Mary P. Joseph on 1 August, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA Nos. 48 & 250 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WA NO. 250 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN RP NO.143 OF 2022 OF HIGH
COURT OF KERALA
APPELLANT/S:
LILLYKUTTY AUGUSTINE,
AGED 63 YEARS
W/O. AUGUSTINE, KUZHAKKEVELIKKAKATHU, KIZHITHIRI,
RAMAPURAM, PALA-686575., PIN - 686575
BY ADVS.
P.YADHU KUMAR
P.BABU KUMAR
MEGHA S.
RESPONDENT/S:
1 MARY P. JOSEPH,
AGED 61 YEARS
W/O. JOSEPH, PALATHINGAL, MARNGADU, RAMAPURAM BAZAR
P.O., RAMAPURAM, PALA-686576., PIN - 686576
2 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-1., PIN - 695001
3 THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM-686 001., PIN - 686001
4 THE REVENUE DIVISIONAL OFFICER,
WA Nos. 48 & 250 OF 2024
2
REVENUE DIVISIONAL OFFICE, PALA-75., PIN - 686574
5 KERALA STATE HOUSING BOARD ,
HEAD OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001,
REPRESENTED BY ITS CHAIRMAN., PIN - 695001
6 THE AUTHORISED OFFICER,
KERALA STATE HOUSING BOARD, PALA BRANCH, NEAR JANATHA
HOSPITAL, PALA-686 575., PIN - 686575
7 THE SPECIAL DEPUTY COLLECTOR (RR),
KERALA STATE HOUSING BOARD, HEAD OFFICE, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001., PIN - 695001
8 THE CHAIRMAN,
LEGISLATURE COMMITTEE ON PETITIONS, KERALA LEGISLATIVE
ASSEMBLY, ASSEMBLY BUILDING, THIRUVANANTHAPURAM-1., PIN
- 695001
BY ADVS.
K T THOMAS
NIKHIL BERNY(K/674/2014)
SRI.K.P.HARISH (SR.GP)
SRI.V.HARISH, SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.08.2024,
ALONG WITH WA.48/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA Nos. 48 & 250 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WA NO. 48 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.32960 OF 2018 OF HIGH
COURT OF KERALA
APPELLANT/S:
LILLYKUTTY AUGUSTINE,
AGED 62 YEARS
W/O.AUGUSTINE, KIZHAKKE VELIKKAKATHU, KIZHATHIRI,
RAMAPURAM, PALA-686 575., PIN - 686575
BY ADVS.
P.YADHU KUMAR
P.BABU KUMAR
RESPONDENT/S:
1 MARY P. JOSEPH
AGED 61 YEARS
W/O. JOSEPH, PALATHINGAL, MARANGADU, RAMAPURAM BAZAR
P.O., RAMAPURAM, PALA- 686 576., PIN - 686575
2 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-1., PIN - 695001
3 THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM-686 001., PIN - 686001
4 THE REVENUE DIVISIONAL OFFICER,
WA Nos. 48 & 250 OF 2024
4
REVENUE DIVISIONAL OFFICE, PALA-75., PIN - 686575
5 KERALA STATE HOUSING BOARD,
HEAD OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001,
REPRESENTED BY ITS CHAIRMAN., PIN - 695001
6 THE AUTHORISED OFFICER,
KERALA STATE HOUSING BOARD, PALA BRANCH, NEAR JANATHA
HOSPITAL, PALA-686 575., PIN - 686575
7 THE SPECIAL DEPUTY COLLECTOR(RR),
KERALA STATE HOUSING BOARD, HEAD OFFICE, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001., PIN - 695001
8 THE CHAIRMAN, LEGISLATURE COMMITTEE ON PETITIONS,
KERALA LEGISLATIVE ASSEMBLY, ASSEMBLY BUILDING,
THIRUVANANTHAPURAM-33., PIN - 695033
BY ADVS.
K T THOMAS
V.HARISH
NIKHIL BERNY(K/674/2014)
SRI.K.P.HARISH (SR.GP)
SRI.V.HARISH (SC)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.08.2024,
ALONG WITH WA.250/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA Nos. 48 & 250 OF 2024
5
JUDGMENT
Dated this the 1ST day of August 2024
A.Muhamed Mustaque, Acg.C.J.
The appellant, Lillykutty Augustine, is a defaulter to the
Kerala State Housing Board. The Housing Board initiated revenue
recovery proceedings and auctioned the secured assets. Smt.Mary
Joseph, the 1st respondent, is the auction purchaser. She
approached this Court on account of delay in confirming the sale.
Now it is submitted that the sale has been confirmed and a
certificate has been issued. However, delivery has not been made.
2. Smt.Lillykutty approached this Court in these appeals,
stating that the legislative committee had allowed her to discharge
the entire liability in instalments under a one time settlement
scheme. Therefore, she claims that the sale is illegal.
2. We note the statutory provisions under the Revenue
Recovery Act, 1968. There is a provision in Section 53 to set aside
the sale on the grounds of material irregularity, mistake, etc.
Bypassing all such remedies, the petitioner approached this Court.
WA Nos. 48 & 250 OF 2024
Further we note that another writ petition filed by Smt.Lillykutty
before this Court in W.P.(C)No.796/2024 was withdrawn
unconditionally. Anyway, we grant liberty to the appellant to
approach any competent authority under the Revenue Recovery
Act to challenge the sale.
These writ appeals stand dismissed.
sd/
A.MUHAMED MUSTAQUE
ACTING CHIEF JUSTICE
S.MANU
JUDGE
jm/
WA Nos. 48 & 250 OF 2024
PETITIONER ANNEXURES
Annexure A THE TRUE PHOTOCOPY OF THAT REPLY LETTER FROM
HOUSING BOARD TO THE PETITION FILED UNDER
RIGHT TO INFORMATION ACT AND ITS ENGLISH
TRANSLATION
Annexure B TRUE -PHOTO COPY OF THAT ORDER DATED 15/11 /
2018 FROM HON'BLE MINISTER FOR HOUSING AND
ITS ENGLISH TRANSLATION
Annexure C THE LETTER FROM EXECUTIVE ENGINEER ,HOUSING
BOARD ALONG WITH ENGLISH TRANSLATION
Annexure D THE TRUE PHOTOCOPY OF ORDER DATED 22/11/20-18
FROM ADDITIONAL CHIEF SECRETARY AND ITS
ENGLISH TRANSLATION
RESPONDENT ANNEXURES
Annexure-R1(a) True copy of judgment dated 28.11.2023 in W.P
WA Nos. 48 & 250 OF 2024
PETITIONER ANNEXURES
Annexure A THE TRUE PHOTO COPY OF THAT REPLY LETTER FROM
HOUSING BOARD TO THE PETITION FILED UNDER RTI
ACT AND ITS ENGLISH TRANSLATION
Annexure B THE TRUE PHOTO COPY OF THAT ORDER DATED
15/11/2018 FROM HON'BLE MINISTER FROM HOUSING
AND ENGLISH TRANSLATION
Annexure C THE LETTER FROM EXECUTIVE ENGNR ALONG WITH
ENGLISH TRANSLATION
Annexure D TRUE PHOTO COPY OF THE ORDER DATED 2/11/2018
FROM ADDITIONAL CHIEF SECRETARY AND ITS
ENGLISH TRANSLATION
