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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
Suresh Kumar – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. For the sake of convenience, unless, otherwise expressly indicated, the status of the parties and the documents referred to herein will be as obtaining in W.P. (C) No. 8688 of 2011.
2. The 6th respondent availed a loan from the Kerala Financial Corporation (KFC), Kollam, in 1995 for the purchase of a fishing boat. Two items of property, one having an extent of 7.05 Ares (17.5 Cents) comprised in Survey No.698/15 and the other having an extent of 25.60 Ares (65 cents) comprised in Survey No.313/21 of Mangad Village, Kollam District, were furnished by the 6th respondent as collateral security for the loan of Rs. 6,25,000/-. The loan amount with interest was to be repaid within a period of 5 years. Since the 6th respondent defaulted repayment of the loan, KFC issued requisition to the revenue authorities in terms of Section 71 of the Kerala Revenue Recovery Act, 1968 (for short ‘RR Act’) for realisation of the amounts due to the KFC. In the course of the recovery proceedings, the properties mortgaged by the 6th respondent were put to sale and the sale in respe
The failure to provide proper notice in a revenue recovery auction constitutes a substantial injury, rendering the sale vitiated and necessitating a fresh sale.
Revenue sale is conducted not only to wipe off the revenue dues but also to see that maximum price is fetched to the defaulter since in a revenue sale the interests of the intending purchaser, the de....
Once the sale is set aside as illegal, the property as a consequence will have to be restored to the original owner. For the denial of right to property of appellant is contrary to law and the depriv....
The power of the Collector for setting aside the sale under Section 54 of the R.R. Act is not limited to the grounds set forth in section 53, and gross inadequacy of sale price is a ground for settin....
Confirmed auction sales cannot be set aside for alleged inadequacy of price or lack of publicity without proof of fraud or substantial injury.
Procedural compliance in auction sales is mandatory, and non-compliance renders such sales void.
Mandatory conditions for auction sales under the Maharashtra Co-operative Societies Act cannot be waived; violation results in nullity of the sale and requires fresh proceedings.
Auction sales conducted under the Recovery of Debts Due to Banks and Financial Institutions Act must not be disturbed without substantial evidence of irregularity; procedural compliance is paramount.
The execution sale was declared null and void due to the execution court's lack of jurisdiction from the absence of a required certificate from the Registrar, which is mandatory for the award to be e....
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