Tom Joseph vs Special Sale Officer
2024 Latest Caselaw 14451 Ker

Kerala High Court

Tom Joseph vs Special Sale Officer on 31 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                       WP(C) NO. 16799 OF 2024


PETITIONER:

            TOM JOSEPH, AGED 62 YEARS, S/O JOSEPH, RESIDING
            AT VELLUKKUNNEL HOUSE, ARUVITHURA POST, KONDOOR
            VILLAGE MEENACHIL TALUK, KOTTAYAM DISTRICT,
            PIN - 686122

            BY ADV JOSEPH T.JOHN


RESPONDENTS:

    1       SPECIAL SALE OFFICER, BHARANANGANAM SCB LIMITED
            NO.4150 ASSISTANT REGISTRAR OF COOPERATIVE
            SOCIETIES (GENERAL) MEENACHIL, PALA, KOTTAYAM
            DISTRICT, PIN - 686575

    2       SECRETARY, BHARANANGANAM SERVICE CO-OPERATIVE BANK
            BHARANANGANAM POST, KOTTAYAM DISTRICT, PIN - 686578

            BY ADVS.
            ABRAHAM GEORGE JACOB - R2
            SHAHNA(K/001380/2023)
            M.R.ATHUL(K/2031/2024)
            SMT.C.S.SHEEJA, SR.GP - R1


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 16799/24
                                     2

                           JUDGMENT

The limited grievance of the petitioner against Ext.P3 -

which is the notice impugned in this Writ Petition - is that it

does not contain the upset price, nor has it shown the extent of

land required to be sold as per the provisions of the Statutory

Scheme.

2. Smt.C.S.Sheeja - learned Senior Government Pleader, in

response to the afore submissions of Sri.Joseph T. John - learned

counsel for the petitioner, submitted that the petitioner has not

invoked any remedy against Ext.P3, but has rushed to this Court,

which is unfortunate. She added that if the petitioner is to file

objections against Ext.P3 before the 1st respondent - Special Sale

Officer, the same will be considered in terms of law, subject to

the rigour of limitation and such other, if applicable.

3. Sri.Abraham George - learned counsel for the 2nd

respondent, affirmed the afore submissions of the learned Senior

Government Pleader, but praying that if this Court is inclined to

grant the petitioner liberty to file objections, then the Sale Officer

may be directed to consider the same quickly, after affording an

opportunity of being heard to his client also.

Taking note of the afore submissions, I allow this Writ

Petition with the following directions:

a) The petitioner will be at liberty to file objections

against Ext.P3 before the 1st respondent - Special Sale Officer,

within a period of one week from the date of receipt of a copy of

this judgment.

b) If the afore is done, the 1 st respondent will take up the

objections and hear both parties and take a final decision thereon,

as expeditiously as is possible, but not later than ten days

thereafter.

c) Needless to say, until such time as the afore exercise is

completed and the resultant order communicated to the petitioner,

all further action for publication of Sale Notice will stand deferred;

but can be taken forward thereafter, depending upon the said

decision, without having to obtain any further orders from this

Court.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                  JUDGE



                APPENDIX OF WP(C) 16799/2024

PETITIONER EXHIBITS
Exhibit-P1          A TRUE COPY OF THE EA 1315/2023 DEMAND
                    NOTICE DATED 19.12.2023
Exhibit-P2          A TRUE COPY OF THE EA 1280/2023 DATED
                    19.12.2023
Exhibit-P3          A    TRUE    COPY     OF    THE    NOTICE
                    DATED15.01.2024     ISSUED      BY    THE
                    ARBITRATION EXECUTION INSPECTOR.
Exhibit-P4          A TRUE COPY OF THE CIRCULAR DATED
                    22.11.2013 IN CIRCULAR NO. 70/2013