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2024 Supreme(Ker) 493

ANU SIVARAMAN, C. JAYACHANDRAN, C. PRATHEEP KUMAR
Sruthi, D/o. Viswanathan – Appellant
Versus
District Collector, Thrissur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Athul Shaji & Anwin John Antony
For the Respondent: Sri. M.H. Hanil Kumar, Amicus Curiae, Sri. Syamkumar V.M.

ORDER :

C.Pratheep Kumar, J.

1. The appellant participated in the auction conducted by the 3rd respondent on 9.4.2007 and purchased the property comprised in Sy.No.258/1 of Pallippuram Village for a total sum of Rs.15,20,000/-. He had remitted the entire sale consideration and applied for confirmation of the sale. However, no sale certificate was issued in his favour, in spite of the fact that nobody applied for setting aside the sale. As per Ext.A1 order, the Collector set aside the sale by invoking the power under Section 54 of the Kerala Revenue Recovery Act, 1968 (in short the R.R.Act), on the grounds that the solvency certificate given to the said land was Rs.32,00,000/- while the sale proceeds was only Rs.15,20,000/-, which is not a justifiable amount and also that the auction bidder is the close relative of the defaulter. The revision filed by him before the 4th respondent was dismissed as per Ext.P6 order. Writ Petition No.5641/2011 filed against Ext.P6 order has also ended in dismissal. It was in the above context that he preferred this appeal raising various grounds. The main ground raised by the appellant is that inadequacy of sale price is not a ground for setting aside t

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