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CHANDRAN, S/O. RAMANKUTTY, AGED 44 YEARS versus THE SECRETARY, SREEKRISHNAPURAM BLOCK

High Court of Kerala

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CHANDRAN, S/O. RAMANKUTTY, AGED 44 YEARS v. THE SECRETARY, SREEKRISHNAPURAM BLOCK - WP(C) No. 23599 of 2004(H) [2007] RD-KL 15273 (9 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23599 of 2004(H)

1. CHANDRAN, S/O. RAMANKUTTY, AGED 44 YEARS
... Petitioner

Vs

1. THE SECRETARY, SREEKRISHNAPURAM BLOCK
... Respondent

For Petitioner :SRI.JACOB SEBASTIAN

For Respondent :SRI.SANTHEEP ANKARATH

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :09/08/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

W.P(C).No.23599 OF 2004

Dated this the 9th day of August, 2007



JUDGMENT

In this writ petition filed invoking Article 227 of the Constitution of India, the petitioner, judgment debtor in an execution proceedings, challenge the action taken to put an item of property to sale. Though the plea of the petitioner is that the property is worth Rs.4,50,000/- and the decree debt is only Rs.1,27,487/-, there is no material placed by him before the court below or this Court to substantiate the said plea. The petitioner had been granted an order of stay by this Court on 10.8.2004 on conditions imposed. He has enjoyed that order for three years. Therefore, any grounds referable to the plea of the petitioner that there is inadequacy in price no more survive for consideration. There is also no material to hold that the impugned proceeding is vitiated. The writ petition fails and is, accordingly, dismissed. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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