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2008 Supreme(Ker) 386

C.N.RAMACHANDRAN NAIR
T. U. Varkey, Thurackal House – Appellant
Versus
State Of Kerala, Rep. by the Secretary – Respondent


Advocates Appeared:For the Petitioners:T.I. Abdul Salam, Advocate. For the Respondents:M.R. Gopalakrishnan Nair, Advocate.

Judgment :

Petitioners are challenging Ext.P13 order issued by the Government pursuant to the directions contained in Ext.P9 judgment in WP(C) No.36402/03 dated 19/11/2003. The facts leading to the case are the following:-

The 5th respondent availed loan from 6th respondent Bank and on account of default, the Bank authorized the recovery authorities to recover the arrears by resort to revenue recovery proceedings under the Kerala Revenue Recovery Act. The amount due to the Bank was Rs.5,57,908/-with interest thereon from the date of recommendation for revenue recovery. The property was notified for sale on 16/01/2002. In the auction 1st petitioner purchased the property for Rs.1,07,500/-. Since the highest bid amount was far below the debt amount, the recovery authority was bound to defer the sale to another date in terms of Section 50(1) of the RR Act. However, the sale was proceeded with and the Revenue Divisional Officer confirmed the sale in violation of the above provision. It is only after confirmation of the sale, the 6th respondent, which is a public sector Bank, came to know about the proceedings that led to sale of 55 cents of land and a building thereon belonging to the










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