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K.S. MOHAMMED SAMEER, MANAGING PARTNER versus THE KERALA FINANCIAL CORPORATION

High Court of Kerala

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K.S. MOHAMMED SAMEER, MANAGING PARTNER v. THE KERALA FINANCIAL CORPORATION - WP(C) No. 21819 of 2006(V) [2007] RD-KL 5661 (19 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21819 of 2006(V)

1. K.S. MOHAMMED SAMEER, MANAGING PARTNER
... Petitioner

Vs

1. THE KERALA FINANCIAL CORPORATION
... Respondent

2. THE DEPUTY COLLECTOR (REVENUE RECOVERY)

3. THE DEPUTY TAHASILDAR (REVENUE RECOVERY)

4. THE BRANCH MANAGER, THE KERALA

For Petitioner :SRI.C.K.ABDUL RAHIM

For Respondent :SRI.M.SASINDRAN

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

Dated :19/03/2007

O R D E R

K.BALAKRISHNAN NAIR, J.

W.P.(C) No. 21819 of 2006

Dated this the 19th day of March, 2007.



JUDGMENT

The petitioner has approached this Court challenging Exts.P2 and P2(a) revenue recovery notices under which the assets of the petitioner's industrial unit were sold in public auction. The additional 5th respondent is the auction purchaser. The petitioner attacked the revenue sale on various grounds. Absence of proper notice was also pleaded. But Exts.R4(1) and R4(2) would show that there was paper publication before the actual sale was made on 14.6.2006. So the main ground on which the attack was made against the sale is unsustainable. But the learned counsel for the petitioner submits that he is willing to pay the amount remitted by the auction purchaser with reasonable interest and subject to that condition he may be given a chance to close the loan account under one time settlement scheme.

2. Having regard to the facts of the case I direct the competent authority to consider the request of the petitioner to redeem the property by paying the amount deposited by the additional 5th respondent with reasonable interest. The competent authority shall also consider the claim of the petitioner for one time settlement after a W.P.(C) No.21819/2006 2 decision is taken on the redemption of the property as mentioned above. The petitioner shall produce a copy of this judgment before the first respondent within two weeks from today. In that event the confirmation of sale shall be made only subject to the decision of the Kerala Financial Corporation on the aforementioned two points. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, Judge. vns.


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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