Kerala High Court
Leelamma Dominic vs The Special Sale Officer on 30 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 30TH DAY OF MAY 2024 / 9TH JYAISHTA, 1946
WP(C) NO. 19119 OF 2024
PETITIONER:
LEELAMMA DOMINIC, AGED 70 YEARS
W/O DOMINIC, PAAZHIYANKAL, KANAYAMKAVAYAL P O, PE,
RUVAMTHANAM., PIN - 685532
BY ADV S.SACHITHANANDA PAI
RESPONDENTS:
1 THE SPECIAL SALE OFFICER
PEERMADE TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD I. 273, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL), PEERMADE.,
PIN - 685531
2 PEERMADE TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD I.273
REPRESENTED BY ITS MANAGER, ELAPPARA P O, IDUKKI
DISTRICT, PIN - 685501
BY ADV Thomas Abraham
SMT.C.S.SHEEJA, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19119 OF 2024
2
JUDGMENT
The petitioner impugns Ext.P1 proclamation of sale settled
and published by the first respondent - Special Sale Officer
specifically on two grounds, namely that the valuation of the
property has not been properly done, while the full extent of
the same need not have been proclaimed for sale. She also has
a case that the upset price has not been fixed and if so, it is
exiguous; and therefore, that Ext.P1 is illegal and unlawful.
2. Sri.Thomas Abraham - learned standing counsel for the
respondent - Bank, however, responded to the afore
submissions of Sri.Sachithananda Pai - learned counsel for the
petitioners, saying that, as is evident from Ext.P1, the statutory
scheme had been followed by the first respondent - Sale
Officer, without any objection having been raised by the
petitioner. He submitted that, however, if the petitioner only
requires proper upset price to be fixed, he will not stand in the
way of appropriate orders being issued, including for the first
respondent to decide whether the entire property requires to
be sold. He explained that his client's intent is solely to obtain
the outstanding in the loan account, without causing any
avoidable detriment to the petitioner.
WP(C) NO. 19119 OF 2024
3. Smt.C.S.Sheeja - learned Government Pleader,
submitted that though she does not have specific instructions
from the first respondent - Special Sale Officer - since he is
acting on behalf of the Bank as of now - Ext.P1 is apparently a
proclamation of sale settled following due procedure.
4. I have examined Ext.P1 and as rightly argued by
Sri.Schithananda Pai, it contains the figure which is
recoverable from the petitioner, but without a mention about
the upset price, or as to whether the entire property requires to
be sold.
5. In any procedure for recovery, substantial provisions of
law will have to be complied, ensuring that the procedural
requirements are adhered to.
6. In such perspective, I am certain that this Court must
accede to the suggestion of Sri.Thomas Abraham, that the first
respondent himself be allowed to reconsider the matter, thus
fixing the upset price, as also deciding the question whether
the entire property needs to be sold, however, after hearing
both sides.
7. In the afore circumstances, I allow this writ petition and
set aside Ext.P1, with a consequential direction to the first
WP(C) NO. 19119 OF 2024
respondent to hear the parties and take a final decision on the
fresh settlement and proclamation, adverting to every objection
of the petitioner as recorded above; thus culminating in an
appropriate fresh proclamation, as expeditiously as is possible,
but not later than one month from the date of receipt of a copy
of this judgment.
I clarify that I have not entered into the merits of rival
contentions, though I have recorded the same; and that it is for
the first respondent to decide all of them in terms of law and to
complete proceedings.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 19119 OF 2024
APPENDIX OF WP(C) 19119/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE SALE PROCLAMATION DATED
13.05.2024 OF THE 1ST RESPONDENT.
WP(C) NO. 19119 OF 2024
