Kerala High Court
Janaki vs Dr.V.R.S.Krishnan on 27 March, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRP NO. 2819 OF 2002
AGAINST THE ORDER DATED IN I.A.NO.800/97 IN OS NO.1 OF 1964 OF I
ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, PALAKKAD
REVISION PETITIONER/S:
1 JANAKI
CHANDRANAGAR POST, PALAKKAD.
2 T. NITHYANANDA MENON DO.
3 T. SIDHARTHA MENON DO.
(*)4 SUMANGALA DEVI SABARINATHAN, AGED 69 YEARS,
D/O.T.S.MENON, NOW RESIDING AT "S338, SAHYADRI COLONY,
CHANDRA NAGAR, PALAKKAD DISTRICT
(*)ADDITIONAL 4TH PETITIONER IMPLEADED AS LR OF DECEASED
P1, P2 AND P3 AS PER ORDER DATED 15/3/2023 IN I.A.1/2023
IN CRP 2819/2002.
BY ADVS.
SRI.S.V.BALAKRISHNA IYER (SR.)
M.P.Ramnath
SRI.P.B.KRISHNAN
P.RAJESH (KOTTAKKAL)
K.J.SEBASTIAN
M.VARGHESE VARGHESE
UMA R.KAMATH
S.SANDHYA
BEPIN PAUL
SHALU VARGHESE
S.DEEPAK
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-2-
ANTONY THARIAN
AJESH K. ANTONY
RESPONDENT/S:
1 DR.V.R.S.KRISHNAN
RAJAPPAIYER, MEDICAL PRACTIONER,, VENKITESWARA
HOSPITAL, SHORNUR ROAD,, PALAKKAD.
2 K. RADHAKRISHNAN SO. KARUPPATH
THARAKAR, DHANALAKSHMI, RAJESWARI STREET,, PALAKKAD -
14.
3 T.R.K. DASS SO. GOVINDA PANICKER
11/794, ROBBINSON ROAD,, PALAKKAD.
(**)4 SUMANGALA DEVI DO. T. SANKARA MENON
DEVI VILAS BUNGLOW, COLLGE ROAD,, PALAKKAD.
(**) THE 4TH RESPONDENT IS DELETED FROM THE PARTY
ARRAY AS PER ORDER DATED 11/10/2004 IN MEMO WITH CF
NO.6367/2004 DATED 08/10/2004.
5. K.C. UNNI NAIR JOINT ADVOCATE COMMISSIONER, PALAKKAD.
ADDL.R6(***) K.R.PARTHASARADHI, S/O. LATE K.RADHAKRISHNAN, SHYAMA
NIVAS, PERAMOUNT GARDEN, PIRARI P.O., PALAKKAD
DISTRICT
ADDL.R7(***)
K.R.BALAJI, S/O.LATE K.RADHAKRISHNAN, -DO- -DO-
ADDL.R8(***)
K.R.PADMANABHAN, S/O.LATE K.RADHAKRISHNAN, -DO-
- DO -
[(***)IMPLEADED AS ADDITIONAL RESPONDENTS 6 TO 8 VIDE
ORDER DATED 27/3/2024 IN IA 2965/2013]
BY ADVS.
VINAY RAMDAS
G.SREEKUMAR (CHELUR)
P.R.VENKATESH
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-3-
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
1/2/2024, ALONG WITH OP(C).3827/2012, 33731/2002 AND CONNECTED
CASES, THE COURT ON 27.03.2024 DELIVERED THE FOLLOWING:
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-4-
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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
OP(C) NO. 3827 OF 2012
AGAINST THE ORDER DATED 25/1/1983 IN OS NO.1 OF 1964 OF DISTRICT
COURT & SESSIONS COURT, PALAKKAD
PETITIONER/S:
V.RAVI VARMA THAMPAN
AGED 80 YEARS
S/O LATE DHATRI VALIYA RANI, RESIDING AT 4B, SI.
GLEADALE POINT, SIVAPURI, BANK ROAD, CALICUT 673001
BY ADV SRI.R.RAMADAS
RESPONDENT/S:
(*)1 (DIED) JANAKI S MENON
RESIDINT AT THRIKARTHIKA, CHANDRA NAGAR POST, PALAKKED
678007
(*)2 (DIED) T.S SIDHARTHA MENON
RESIDINT AT THRIKARTHIKA, CHANDRA NAGAR POST, PALAKKED
678007
(*)3 (DIED) T. NITYANANDA MENON
RESIDINT AT THRIKARTHIKA, CHANDRA NAGAR POST, PALAKKED
678007
4 SARADA RAMACHANDRAN ALIAS.V
SARADA THAMPAN, KALARI KOVILAKAM, KOLLENGODE VILLAGE,
PALAKKD 678506
5 V. MEENAKSHI VIMALA THAMBATTI
KALARI KOVILAKAM, KOLLENGODE VILLAGE, PALAKKD 678506
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-5-
6 V. VIJAYALAKSHMI JAYASREE
KALARI KOVILAKAM, KOLLENGODE VILLAGE, PALAKKD 678506
7 V. JAYARAJAN
RESIDING IN KALARI KOVILAKAM, KOLLENGODE VILLAGE,
PALAKKD 678506
8 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH
BLOCK, NEW DELHI 110001
9 THE CHIEF COMMISSIONER OF INCOME TAX
CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI 682018
NORTH
10 THE INCOME TAX AND WEALTH TAX OFFICER
WARD II, AYAKAR BHAVAN, PALAKKAD 678514
11 K.C. UNNI NAIR
ADVOCATE PALAKKD KUNNUMPURAM 678503
12 DR. V.R.S KRISHNAN
VENKATESHA HOPITAL, PALAKKAD KOLLONGUR 678511
(**)13 (DIED) K. RADHAKRISHNAN
PATTIKKARA P.O, PALAKKAD 678522
14 T.R.K. DAS
KUNNUMPURAM, PALAKKD KUNNUMPURAM 678503
15 K.R. PARTHASARADHI
AGED 51 YEARS
S/O LATE K. RADHAKRISHNAN, SHYAMA NIVAS, PERAMOUNT
GARDEN, PIRARI PO, PALAKKAD DISTRICT,PIN - 678003
16 K.R. BALAJI
AGED 48 YEARS
S/O LATE K. RADHAKRISHNAN, SHYAMA NIVAS, PERAMOUNT
GARDEN, PIRARI PO, PALAKKAD DISTRICT,PIN - 678003
17 K.R. PADMANABHAN
AGED 45 YEARS
S/O LATE K. RADHAKRISHNAN, SHYAMA NIVAS, PERAMOUNT
GARDEN, PIRARI PO, PALAKKAD DISTRICT,PIN - 678003
[(**)R15 TO R17 IMPLEADED AS ADDITIONAL RESPONDENTS VIDE
ORDER DATED 15/3/23 IN IA 1/23]
(*)18 SUMANGALA DEVI SABARINATHAN
AGED 69 YEARS
D/O LATE T.S. MENON (T. SANKARA MENON), NOW RESIDING AT
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-6-
S 338, SAHYADRI COLONY, CHANDRA NAGAR, PALAKKAD
DISTRICT, PIN - 678007
[(*)R18 IMPLEADED AS ADDITIONAL RESPONDENT VIDE ORDER
DATED 15/3/23 IN IA 2/23]
BY ADVS.
ADV. P.G. JAYASHANKAR PGJ
BIJU ABRAHAM
Ramnath M. P.
P.RAJESH (KOTTAKKAL)(K/269/2007)
K.J.SEBASTIAN(S-1136)
M.VARGHESE VARGHESE(K/1014/2003)
UMA R.KAMATH(K/622/2006)
S.SANDHYA(K/81/2012)
BEPIN PAUL(K/1215/2003)
SHALU VARGHESE(K/322/2009)
S.DEEPAK(K/733/2012)
ANTONY THARIAN(K/000479/2018)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 1/2/2024, ALONG
WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON 27.03.2024
DELIVERED THE FOLLOWING:
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-7-
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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
OP NO. 33731 OF 2002
PETITIONER:
1 JANAKI S.MENON, RESIDING AT
'THRIKARTHIKA', CHANDRA NAGAR POST, PALAKKAD.
2 T.S. SIDHARTHA MENON IN DO. DO.
3 T. NITYANANDA MENON IN DO. DO.
ADDL.P4 SUMANGALA DEVI SABARINATHAN, AGED 65, D/O.T.S. MENON,
NOW RESIDING AT 'S.338, SAHYADRI COLONY, CHANDRA NAGAR,
PALAKKAD DISTRICT 678 007
IS IMPLEADED AS ADDITIONAL P4 AS PER ORDER DATED
01.02.2024 IN I.A NO.963 OF 2018 IN OP NO.33731 OF 2002
ADDL.P5 BHAGEERATHAN M.K, AGED 62 YEARS, S/O SANKARA GUPTAN,
BUSINESS, KIZHAKKUMPURATH HOUSE, THRIPPALAMUNDA,
PARASSERY POST, PALAKKAD 678 631
IS IMPLEADED AS ADDITIONAL P5 AS PER ORDER DATED
15.03.2023 IN I.A.5/2023
BY ADVS.
JANAKI S.MENON(Party-In-Person)
Ramnath M. P.
P.RAJESH (KOTTAKKAL)(K/269/2007)
K.J.SEBASTIAN(S-1136)
M.VARGHESE VARGHESE(K/1014/2003)
UMA R.KAMATH(K/622/2006)
S.SANDHYA(K/81/2012)
BEPIN PAUL(K/1215/2003)
SHALU VARGHESE(K/322/2009)
S.DEEPAK(K/733/2012)
ANTONY THARIAN(K/000479/2018)
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-8-
AJESH K. ANTONY(K/41/2022)
K.S AKSHAY MOHAN
RESPONDENTS:
1 V.RAVI VARMA THAMPAN, VENGANAD KOVILAKAM, KOLLENGODE
VILLAGE, PALAKKAD.
2 SARADA RAMACHANDRAN ALIAS V. SARADA
THAMPAN, KALARI KOVILAGOM, KOLLENGODE VILLAGE,,
PALAKKAD.
3 V. MEENAKSHI ALIAS VIMALA THAMBATTI
IN DO. DO.
4 V. VIJAYALAKSHMI ALIAS JAYASREE
IN DO. DO.
5 V. JAYARAJAN RESIDING IN DO. DO.
6 THE UNION OF INDIA REPRESENTED BY THE
SECRETARY, MINISTRY OF FINANCE,, NORTH BLOCK, NEW DELHI.
7 THE CHIEF COMMISSIONER OF INCOME TAX
CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI - 18.
8 THE INCOME TAX AND WEALTH TAX OFFICER
WARD II, AYAKAR BHAVAN, PALAKKAD-14.
9 SRI.K.C. UNNI NAIR, ADVOCATE PALAKKAD.
10 DR. V.R.S. KRISHNAN, VENKATESHA
HOSPITAL, PALAKKAD.
11 SHRI.K. RADHAKRISHNAN, PATTIKARA
PALAKKAD.
12 SHRI. T.R.K. DAS, KUNNUMPURAM, PALAKKAD.
ADDL.R13 DHANALAKSHMI, W/O.LATE.K.RADHAKRISHNAN, "DHANALAKSHMI",
NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD PIN 678 014.
ADDL.R14 K.R.PARTHASARATHY, S/O LATE K.RADHAKRISHNAN,
"DHANALAKSHMI", NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD
PIN 678 014.
ADDL.R15 NANDINI, D/O. LATE RADHAKRISHNAN, "DHANALAKSHMI", NEAR
KRK MANDAPAM, PATTIKKARA, PALAKKAD PIN 678 014.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-9-
ADDL.R16 K.R. BALAJI, S/O LATE K.RADHAKRISHNAN, "DHANALAKSHMI",
NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD PIN 678 014.
ADDL.R17 K.R. PADMANABHAN, S/O LATE K.RADHAKRISHNAN,
"DHANALAKSHMI", NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD
PIN 678 014.
ADDITIONAL R13 TO R17 ARE IMPLEADED AS PER ORDER DATED
01.02.2024 IN I.A. NO.14164 OF 2013 IN O.P NO.33731 OF
2002.
BY ADVS.
SRI.BINOY VASUDEVAN
Vinod Bhat S
SRI.ANIL SIVARAMAN
SRI.H.BADARUDDIN
SMT.P.G.BABITHA
SRI.R.MANIKANTAN
SMT.NILA. C.V.
SMT.RAJI VINCENT
SRI.R.RAMADAS
SRI.R.D.SHENOY SR.
SMT.B.SHAMEERA
SRI.P.R.VENKATESH
G.SREEKUMAR (CHELUR)
ANAGHA LAKSHMY RAMAN(K/000767/2015)
V.NAMITHA(K/1090/2011)
GREESHMA CHANDRIKA.R(K/807/2020)
THIS ORIGINAL PETITION HAVIN GBEEN FINALLY HEARD ON 1/2/2024,
ALONG WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON
27.03.2024 DELIVERED THE FOLLOWING:
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-10-
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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WA NO. 1346 OF 2022
AGAINST THE JUDGMENT DATED 29.08.2022 IN IN WP(C) NO.19897 OF 2022
OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
PARTHASARATHY, AGED 54 YEARS, S/O.K.RADHAKRISHNAN,
SHYAMA NIVAS, PARAMOUNT GARDEN, LANE-I, PIRAYIRI P.O.,
PALAKKAD DISTRICT - 678 004 REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER SRI.MOHANKUMAR, S/O.KRISHNAN, AGED 54
YEARS, WEST HOUSE, VARODE P.O., KOTTAYI, PALAKKAD - 678
572.
BY ADVS.
Vinod Bhat S
ANAGHA LAKSHMY RAMAN(K/000767/2015)
GREESHMA CHANDRIKA.R(K/807/2020)
V.NAMITHA(K/1090/2011)
RESPONDENTS/RESPONDENTS:
1 DISTRICT REGISTRAR, CIVIL STATION, PALAKKAD - 678 001.
2 SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, OLAVAKODE,
OLAVAKODE P.O., PALAKKAD DISTRICT - 678 002.
3 V.RAVI VARMA THAMPAN, VENGANAD KOVILAKAM, KOLLENGODE
VILLAGE, PALAKKAD - 678 506.
4 SUMANGALA DEVI SABARINATHAN, D/O.T.S.MENON, NOW RESIDING
AT 'S.338', SAHYADRI COLONY, CHANDRA NAGAR, PALAKKAD
DISTRICT - 678 007.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-11-
5 BHAGEERATHAN M.K., S/O.SANKARA GUPTAN, KIZHAKKUMPURATHU
HOUSE, THRIPPALAMUNDA, PARASSERY POST, PALAKKAD - 678
631.
BY ADVS.
K.T.SHYAMKUMAR
M.P.RAMNATH
HARISH R. MENON
K.N.ABHA
A.G.PRASANTH
K.S.SREEJA
OASHIN LALAN
ROHITH R. KARTHA
ALEENA SEBASTIAN
SREEVALSAKUMAR P.K.
P.RAJESH (KOTTAKKAL)
BEPIN PAUL
S.SANDHYA
SHALU VARGHESE
K.S AKSHAY MOHAN
UMA R.KAMATH
M.VARGHESE VARGHESE
S.DEEPAK
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 1/2/2024, ALONG
WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON 27.03.2024
DELIVERED THE FOLLOWING:
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-12-
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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 32871 OF 2022
PETITIONER:
BHAGEERATHAN M.K, AGED 62 YEARS, S/O. SANKARA GUPTAN,
KIZHAKKUMPURATHU HOUSE, THRIPPALAMUNDA, PARASSERY POST,
PALAKKAD, PIN - 678 631
BY ADVS.
M.P.RAMNATH
BEPIN PAUL
S.SANDHYA
SHALU VARGHESE
K.S AKSHAY MOHAN
UMA R.KAMATH
P.RAJESH (KOTTAKKAL)
M.VARGHESE VARGHESE
S.DEEPAK
ANTONY THARIAN
RESPONDENTS:
1 THE REVENUE DIVSIONAL OFFICER, REVENUE DIVISIONAL
OFFICE, PALAKKAD, PIN - 678 001
2 TAHASILDAR, LAND RECORDS, TALUK OFFICE, PALAKKAD, PIN -
678 001
3 JAYAPRAKASH, S/O. VELAYUDHAN, PUNNAKKODU KALAM, MANJIRA,
CHITTUR, PALAKKAD, PIN - 678 101
4 DR V.R S. KRISHNAN, S/O. RAJAPPAN, PRESENTLY RESIDING AT
DENMAN PAREDU, NORMAN HUST, NEW SOUTH VEILS 2076,
AUSTRALIA, PIN - 277634
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-13-
BY ADVS.
GOVERNMENT PLEADER, Murthala Sayeed Thangal
GANGADAS A.R.
G.SREEKUMAR (CHELUR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
1/2/2024, ALONG WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON
27.03.2024 DELIVERED THE FOLLOWING:
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
OPC 3827/2012 & OP 33731/2002
-14-
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
------------------------------------------------
C.R.P. No.2819/2002, W.A.No.1346/2022,
WPC 32871/2022, OPC 3827/2012 & OP 33731/2002 "C.R."
------------------------------------------------
Dated this the 27 day of March, 2024
th
J U D G M E N T
A.Muhamed Mustaque, J.
These matters of different nature of litigation revolve around a
challenge made to the sale in O.S.No.1/1964 on the file of the District
Court, Palakkad. The lead case in this batch, O.P.No.33731/2002 is filed
invoking Article 227 of the Constitution.
2. Late V. Madhava Raja owned several parcels of land and
properties. He had income tax, wealth tax and agricultural income tax
dues. On his demise, a suit for partition was initiated. A preliminary
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
decree was passed. Based on the report of the Commissioner, all parties
have agreed for the sale of Devi Vilasam Palace, Item No.9 of 'C'
scheduled property in the preliminary decree; this was to clear income
tax arrears. The property was sold in auction based on the orders of the
Court on 08.04.1992 for Rs.31,15,000/-. Bidders were Dr.V.R.S.Krishnan,
K.Radhakrishnan and T.R.K.Das. This was not a sale in execution. It can
be treated as a sale invoking Rule 234 of Civil Rules of Practice. The sale
was also confirmed. There were several intervening litigations. We are
not referring to the entire litigation as the scope of present litigation is
centered around the power of this Court invoking Article 227 of the
Constitution to knock down a sale conducted pursuant to the agreement
between the parties. However, we want to refer to the litigation
challenging the sale invoking Order 21 Rule 90 Civil Procedure Code. This
challenge went upto the Hon'ble Supreme Court and the Supreme Court
put an end to the litigation finally negating the challenge.
3. The challenge was made under Order 21 Rule 90 CPC as
though the sale took place pursuant to execution proceedings. The above
challenge was made by legal heirs of co-shares, mainly Janaki S. Menon
and others. The property was originally sold among sharers; however they
could not pay the amount within time. Thereafter, the District Court sold
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
the property in a public auction. Janaki and others filed an application to
set aside the same on the ground that the auction purchaser did not
deposit the entire amount within time. The District Court also extended the
time for the auction purchaser to deposit the sale consideration. Revisions
were filed before this Court; this Court dismissed the revision. Thereupon,
the matter was carried to the Apex Court. It was specially urged before
the Apex Court that the property was sold in auction on a factum which
everyone believed true that there were arrears of tax. Since it came out
that no amount was due, the sale has to be set aside. The Apex
Court after referring to the documents produced, opined that these two
documents do not indicate there was no amount due from the assessee
and noting that certificate issued by the Income Tax Officer indicating
dues, dismissed the challenge.
I. O.P. No.33731/2002 :
4. This original petition was filed on the ground that the Court
below committed mistake in ordering sale. According to the petitioner,
the Court acted on the proposal put forth by Adv. P.B. Menon, suggesting
that rather than the tax department attaching the property, the Court could
sell the property to liquidate the liability that is due to the tax
department. This suggestion was accepted by all counsels. The court
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
below passed an order on 28.01.1983 ordering the sale of the above
property (Item No.9 - Devi Vilasam palace). After the challenge made
under Order 21 Rule 90 CPC, it has come out that actually there were no
dues to the tax department. Therefore, the challenge has been now
raised to set aside the sale on the ground that consent was obtained under
mistake of fact and court assumed the jurisdiction to sell the property on
the wrong foundational facts. And therefore, sale conducted by the court
is liable to be declared as illegal and void. According to them no parties
should suffer by act of Court, and it is the Court that committed wrong by
ordering sale of the property.
5. In the course of the hearing we obtained a report from the
District Judge Palakkad that the amount deposited by the bidders
remained intact and it was not utilised for the purpose of discharging tax
liability. It appears that based on subsequent litigation the tax liability has
been reversed. The tax liability appears to have been fixed treating
assessee as Hindu Undivided Family, and based on the litigation before
this Court it was reversed noting that no such tax recoverable consequent
upon disruption of the joint family. The question is whether this court
should exercise its power under Article 227 of the Constitution of India.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
6. The sale based on an agreement in a suit for partition is
nothing but a sale acting upon the compromise of the parties. In a suit for
partition, it is possible for the parties to enter into a compromise to sell the
property. That means, insofar as that agreement and order thereon, it
attained the status of a compromise decree. A decree is defined under
Section 2(2) of the Civil Procedure Code as a "formal expression of
adjudication", where the Court conclusively determines the right of parties
with regard to all or any controversies in this matter. The following are
essential characters of decree:
i. A conclusive decision is taken in a suit.
ii. The decision must have been on the right of the parties with
regard to any matter in controversy in the suit.
iii. If finally determined the rights of the parties.
iv. the decision of the Court formally expressed on such
controversy in the suit.
v. On determination, nothing left for the parties for future except
by recourse to challenge by way of appeal or otherwise.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
7. The Hon'ble Supreme Court in Bimal Kumar and another v.
Shakunata Debi and other [2012 (3) SCC 548] was of the view that when
a decree is passed on the bedrock of a compromise, covering all aspects,
leaving nothing to be done in future, and when the court definitively
concludes the matter by giving its stamp of approval, it becomes a final
decree.
8. In this case (O.P. No.33731/2002), the parties unanimously agreed
to sell item No.9. That means, the issue is finally determined by the order
of the Court which accepted the agreement of the parties. The decision
of the parties was given a seal of approval by the Court by ordering
sale. That order is a decree for all practical purposes. This sale cannot
be considered as a sale by exercising power under Section 2 of the
Partition Act, 1893. The above provision relates to the power of the Court.
This sale is purely based on the agreement between the parties.
Therefore, the sale cannot be seen in isolation of the compromise entered
between the parties in regard to the item no 9. This order passed by the
court, based on the agreement is nothing but a decree so far as it is related
to item No 9.
10. In a matter like this, when the Court orders a sale acting upon
the agreement of the parties, the court is only following the procedure
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
under Rule 234 of Civil Rules of Practice based on compromise decree. If
the foundation for the agreement is lost, it cannot be cured after the sale
is completed. The sale cannot be said invalid or illegal at the time it took
place. The property was sold on 15.06.1992. The reassessment of the
wealth tax was made only on 17/10/2002. The prayers in this case are
challenging the orders of sale. The sale cannot be challenged without
reopening the decision to sell the property. As we already noted, the
sale was pursuant to compromise. If the compromise is not questioned in
any form before any competent court or before the court which passed the
decree, the sale cannot be questioned invoking Article 227 of the
Constitution of India. In view of the above, the challenge in O.P.No. 33731
of 2002 must fail. Accordingly, the original petition is dismissed.
II. C.R.P.No. 2819/2002:
11. This civil revision petition was filed challenging an order of the
District Court, Palakkad, allowing an application filed by the bidders
seeking vacant possession of the Devi Vilasam Palace and compound. In
the light of the fact that there is no scope for interference in this matter,
the civil revision petition is dismissed.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
III. O.P.(C)No.3827/2012:
12. This original petition was also filed for a declaration that the
sale of Item No.9 Devi Vilasam Palace is null and void. In the light of the
discussion regarding the challenge in the lead case, this original petition
is also dismissed.
IV. W.A. No.1346 of 2022:
13. This writ appeal was filed by One Parthasarathy. He is one of
the legal heirs of the auction purchaser. He approached this Court as
some of the heirs executed the sale deed ignoring the sale effected in
favour of his predecessor-in-interest. The learned Single Judge
dismissed the challenge with liberty to the writ petitioner to move the
appropriate Court. We note that any act defeating the order of the Court
and sale taken place will have to be noted by the registering authority
concerned. We, therefore, direct the District Court, Palakkad, to act upon
any request made by the appellant in appropriate form, seeking any relief
in regard to the property covered by the sale. We relegate the appellant
to move the District Court for appropriate relief for intimating the
registering authority concerned to record the sale in accordance with
law. The writ appeal is disposed of as above.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
V. W.P.(C).No. 32871/2022:
14. This writ petition is filed by one Bhageerathan M.K. who
challenges an order of the Revenue Divisional Officer, Palakkad,
cancelling thandaper till a final decision is taken in regard to the sale in
O.S. No.1/1964. It appears that the petitioner purchased the property
from one of co-shares ignoring the sale. In the light of the fact that we
have not interfered with the sale, the writ petition is only to be
dismissed. The writ petition is, accordingly, dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
PR/ms
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 28.1.1983 IN IA
NO.953/74 IN OS NO.1/64 ON THE FILE OF THE
DISTRICT COURT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.09.1983 IN CRP
NO.521, 525 AND 539 OF 1983 PASSED BY THIS
HON'BLE COURT.
EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 13.01.1992
STATED TO BE ISSUED BY ONE OF THE JOINT
COMMISSIOENRS TO ONE OF THE RESIDENTS OF DEVI
VILAS PALACE SHARERS AND PRODUCED BY
RESPONDETNS 1 TO 3 ALONG WITH THEIR WRIT
PETITION.
EXHIBIT P4 A TRUE COPY OF THE APPLICTION DATED 13.02.1993
SUBMITTED BY SRI.P.B. MENON, COUNSEL FOR THE
DEFENDANT NO.7 IN THE SUIT WITH THE ORDERS
ENDORSED THEREON.
EXHIBIT P5 A TRUE COPY OF THE SALE NOTICE DATED
16.05.1992.
EXHIBIT P6 A TRUE COPY OF THE AFFIDAVIT DATED 10.7.1992
FILED BY SMT.C.N. SARASWATHY IN SLP
NO.8040/1992.
EXHIBIT P7 A TRUE COPY OF THIS ORDER DATED 27.11.1995 IN
SLP (CIVIL) NO.25624-25/1995.
EXHIBIT P8 A TRUE COPY OF THE REPLY AFFIDAVIT DATED
14.12.1995 FILED IN SLP (C) NO.25624-25/1995.
EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION FROM THE
WEALTH TAX AUTHORITIES BEARING NO.HN
7371/W.2/PGT DATED 6.12.1995.
EXHIBIT P10 A TRUE COPY OF THE NOTICE DATED 8.9.1989 ISSUED
UNDER SECTION 30 OF THE WEALTH TAX ACT ISSUED
TO THE JOINT COMMISSIONERS.
EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 9.4.2002 IN
O.P. NO.28303 OF 1999
EXHIBIT P12 A TRUE COPY OF THE INTERIM ORDER DATED
24.06.2002 IN WA NO.1479 OF 2002.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
EXHIBIT P13 A TRUE COPY OF THE PROCEEDINGS NO.ITO:W2:PKD.HN
7371:02.03. DATED 09.10.2002
EXHIBIT P14 A TRUE COPY OF THE PROCEEDINGS OF THE WEALTH
TAX OFFICER, WARD II, PALAKKAD DATED
17.10.2002.
EXHIBIT P15 A STATEMENT DATED NIL SHOWING THE TOTAL AMOUNT
OF REFUND THAT IS DUE AS ON 15.6.1992, I.E.,
THE DATE OF SALE.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
RESPONDENT EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 28.1.1983 IN I.A.
NO.953/74 IN O.S. NO.1/1964 ON THE FILE OF THE
DISTRICT COURT, PALAKKAD.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.09.1983 IN
C.R.P. NO.521, 525 & 539 OF 1983 PASSED BY THE
HON'BLE HIGH COURT OF KERALA.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 13.1.1992 ISSUED
BY ONE OF THE JOINT COMMISSIONERS TO ONE OF THE
RESIDENTS OF DEVIE VILAS PALACE.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 12.2.1992
SUBMITTED BY SRI.P.B. MENON, COUNSLE FOR
DEFANDANT NO.7.
EXHIBIT P5 TRUE COPY OF THE SALE NOTICE DATED 16.05.1992
IN O.S. NO.1/1964 ON THE FILE OF THE DISTRICT
COURT OF PALAKKAD.
EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT DATED 10.07.1992
FILED BY SMT.C.N. SARASWATHY IN SLP NO.8040/92
BEFORE THE HON'BLE SUPREME COURT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 27.11.1995 IN SLP
(CIVIL) NO.25624-25/1995 BEFORE THE HON'BLE
SUPREME COURT.
EXHIBIT P8 TRUE COPY OF THE REPLY AFFIDAVIT DATED
14.12.1995 IN SLP (CIVIL) NO.25624-25/1995
BEFORE THE HON'BLE SUPREME COURT.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION BEARING
NO.HN.7371/W.2/PGT DATED 6.12.1995 ISSUED BY
THE WEALTH TAX AUTHORITIES.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 8.09.1989 ISSUED
UNDER THE WELATH TAX ACT TO THE JOINT
COMMISSIONERS.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 9.4.2002 IN OP
NO.28303/1999 PASSED BY THE HON'BLE HIGH COURT
OF KERALA.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 24.06.2002
IN W.A. NO.1479/2002 PASSED BY THE HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS
NO.ITO:W2:PKD.HN.737:02-03 DATED 09.10.2002 ON
THE FILE OF THE INCOME TAX OFFICER.
EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS OD THE WEALTH TAX
OFFICER, WARD II, PALAKKAD, DATED 17.10.2002.
EXHIBIT P15 TRUE COPY OF THE STATEMENT DATED NIL SHOWING
THE TOAL AMOUNT OF REFUND THAT IS DUE TO THE
PETITIONERS AS ON 15.06.1992 I.E., ON THE DATE
OF SALE FROM THE INCOME TAX AUTHORITIES.
EXHIBIT P16 TRUE COPY OF THE STATEMENT FILED BY THE
RESPONDENT NO.3 IN WA NO.1479 OF 2002 DATED
23.02.2005.
EXHIBIT P17 DATED 20.10.2001, TRUE COPY OF THE AGREEMENT.
EXHIBIT P18 DAED 10.09.2004, TRUE COPY OF THE AGREEMENT.
EXHIBIT P19 DATED 14.2.1983, TRUE COPY OF THE DEED OF
ASSIGNMENT, DOC.NO.662 OF 1983, SRO, PALAKKAD.
EXHIBIT P20 DATED 28.1.1992, TRUE COPY OF THE
COMMUNICATION D.O.46002-MN-7371/W2/PGT. ISSUED
BY THE INCOME TAX OFFICER, WARD-2, PALGHAT TO
THE TAX RECOVERY OFFICER, THRISSUR.
EXHIBIT R10(a) TRUE COPY OF THE ORDER DATED 5.08.2002 IN CRP
1119/97 OF THIS HON'BLE COURT.
Exhibit R10 (1) A TRUE COPY OF THE I.A. NO. 743/1984 IN O.S.
NO. 1/1964 ON THE FILES OF DISTRICT COURT,
PALAKKAD DATED 26-03-1985
Exhibit R10 (2) A TRUE COPY OF THE I.A. NOS. 747/1992, 796/1992
& 733/1992 IN I.A. NO. 952/1974 IN O.S. NO.
1/1964 ON THE FILES OF DISTRICT COURT, PALAKKAD
DATED 16-08-1995
Exhibit R10 (3) A TRUE COPY OF THE JOINT COMMISSION REPORT DATED
18-08-1995 IN I.A. NO. 953/1974 IN O.S. NO.
1/1964 ON THE FILES OF DISTRICT COURT, PALAKKAD
ANNEXURE 1 TRUE PHOTOCOPY OF THE REGISTERED WILL NO.79/08
DATED 20.05.2009 AT THE SRO, PALAKKAD.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
ANNEXURE A DATED 14.2.1983, TRUE COPY OF DOC.NO.662 OF
1983, SRO, PALAKKAD.
ANNEXURE B DATED 28.2.1986, TRUE COPY OF DOC.NO.1168 OF
1986, SRO, PALAKKAD.
ANNEXURE C DATED 3.3.1986, TRUE COPY OF TGHE DOC.NO.1220
OF 1986, SRO, PALAKKED.
ANNEXURE D DATED NIL, GENEALOGY TABLE OF PERSONS SEEKING
IMPLEADMENT.
ANNEXURE 1 TRUE COPY OF ORDER DATED 4.10.1996 IN CIVIL
APPEAL NO.13216 AND 13217/1996 OF THE SUPREME
COURT REPORTED IN (1997) 2 SCC 623.
ANNEXURE 2 CERTIFIED COPU OF THE SALE DEED NO.215/2022 OF
SRO, OLAVAKODE DATED 28.1.2022.
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
RESPONDENT ANNEXURES
EXHIBIT 1 TRUE COPY OF ORDER DATED 4.10.196 IN CIVIL
APPEAL NO.13217/1996 OF THE SUPREME COURT
REPORTED IN (1997) 2 SCC 623
EXHIBIT 2 CERTIFIED COPY OF THE SALE DEED NO.215/2022 OF
SRO, OLAVAKODE DATED 28.1.2022
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF PROCEEDINGS OF THE RDO DATED
21.09.2022 ALONG WITH ENGLISH TRANSLATION.
Annexure 2 TRUE COPY OF THE PETITION DATED 4.2.2023 FILED
BY THE APPELLANT.
Annexure 3 TRUE COPY OF RECEIPT RECEIVED FROM THE PALAKKAD
TOWN NORTH POLICE STATION DATED 4.2.2023
Annexure 4 TRUE COPY OF REPRESENTATION DATED 6.2.2023
SUBMITTED BY THE APPELLANT BEFORE THE CI OF
POLICE
Annexure 5 PHOTOGRAPHS SHOWING THE ATROCIOUS ACTS OF THE
5TH RESPONDENT AND HIS MEN
RESPONDENT ANNEXURES
ANNEXURE R(5)-1 TRUE PHOTOSTAT COPY OF INTERIM ORDER DATED
18.10.2022 IN WPC NO.23871 OF 2022 OF THE
HONOURABLE HIGH COURT OF KERALA
ANNEXURE R(5)-2 TRUE PHOTOSTAT COPY OF THE ORDER DATED
30.01.2023 IN WPC NO.23871/2022 OF THE
HONOURABLE HIGH COURT OF KERALA WHEREBY THE
INTERIM ORDER IS EXTENDED BY TWO MONTHS.
Annexure R(5)-3 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED
26.01.2023 ISSUED BY MUHAMMED BASHEER,
COUNCILOR WARD NO.16, PALAKKAD MUNICIPALFTY, TO
THE 5TH RESPONDENT
Annexure R(5)-4 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED
28.01.2023 GIVEN BY THE PRESIDENT OF THE PANDIT
MOTILAL GOVERNMENT HISHER SECONDARY SCHOOL,
PALAKKAD TO THE 5TH RESPONDENT
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
Annexure R(5)-5 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED
03.02.2023 AS ISSUED BY THE PALAKKAD AREA
COMMITTEE OFFICE OF THE COMMUNIST PARTY OF
INDIA (MARXIST) POLITICAL PARTY, TO THE 5TH
RESPONDENT
RESPONDENT ANNEXURES
Annexure C1 VALUATION TABLE OF TREES CUT FROM THE PROPERTY
PREPARED BY THE RANGE FOREST OFFICER
CRP No.2819/2002, WA 1346/2022, WPC 32871/2022,
APPENDIX OF WP(C) 32871/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ASSIGNMENT DEED REGISTERED AS DOC.
NO. 215/2022 OF SRO, OLAVAKKODE EXECUTED IN
FAVOUR OF THE PETITIONER AND HIS WIFE.
EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT DATED 3.12.2021
ISSUED BY THE VILLAGE OFFICER, PALAKKAD I
VILLAGE IN THE NAME OF SUMANGALA DEVI.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED
16.2.2022 ISSUED BY THE VILLAGE OFFICER,
PALAKKAD I VILLAGE IN THE NAME OF THE PETITIONER
AND HIS WIFE.
EXHIBT P4 TRUE COPY OF THE JUDGMENT DATED 29.8.2022 IN
WP(C) NO. 19897/2022 PASSED BY THIS HON'BLE
COURT.
EXHIBIT P5 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN
MATHRUBHUMI DAILY DATED 24.9.2022.
EXHIBIT P6 TRUE COPY OF THE APPEAL FILED BY THE 3RD
RESPONDENT BEFORE THE 1ST RESPONDENT AND DATED
1.6.2022.
EXHIBIT P7 TRUE COPY OF THE REPLY 30.9.2022 ISSUED BY THE
1ST RESPONDENT UNDER RIGHT TO INFORMATION ACT
ALONG WITH ITS ENCLOSURES.
EXHIBIT P8 TRUE COPY OF ORDER NO. C-3192/22 DATED
21.9.2022 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF COMPLAINT DATED 11.10.2022
SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT
POLICE CHIEF, PALAKKAD ALONG WITH ITS RECEIPT
