JUDGMENT :

HARISANKAR V. MENON, J.

1. The petitioner has filed this writ petition challenging the proceedings by which his property having an extent of 33 cents in Survey No. 403/3 of Block 54 of Melukavu Village, Meenachil Taluk, Kottayam District, was sold in auction under the provisions of the Kerala Revenue Recovery Act, 1968 (for short the ‘Act’).

2. It is stated that the petitioner’s wife had filed various petitions before the Magistrate Court, Erattupetta and obtained an order of maintenance against the petitioner herein. Since the petitioner did not remit the maintenance as ordered by the Magistrate Court, Erattupetta, distress warrants were issued for the attachment and sale of the petitioner's above-referred property. It is stated that the auction sale was conducted on 28.04.2004 and the 4th respondent herein was the successful bidder for an amount of Rs. 36,750/-. It is further alleged that, on the date of the sale, no one was present to participate in the auction and the auction had not taken place. The petitioner, in such circumstances, filed W.P. (C) No. 29959 of 2004 challenging the auction sale conducted. This writ petition was admitted by an order dated 12.10.2024, pr