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LISSIAMMA, AGED 43 versus THE SPECIAL SALE OFFICER

High Court of Kerala

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LISSIAMMA, AGED 43 v. THE SPECIAL SALE OFFICER - WP(C) No. 31202 of 2003(M) [2007] RD-KL 5807 (21 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31202 of 2003(M)

1. LISSIAMMA, AGED 43,
... Petitioner

Vs

1. THE SPECIAL SALE OFFICER,
... Respondent

2. THE JOINT REGISTRAR,

3. THE SECRETARY,

4. SMT.PRAMILA VIOLET JOHN, AGED 37,

For Petitioner :SRI.R.T.PRADEEP

For Respondent :SRI.T.R.RAMACHANDRAN NAIR

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :21/03/2007

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.31202 of 2003 Dated 21st March, 2007.

J U D G M E N T

Petitioner is aggrieved by the coercive steps taken by the respondents 1 to 3 for sale of the property. On 18.3.2005, this Court passed the following interim order :-

"Heard both the petitioner and the learned counsel for the respondents. There will be an interim direction not to confirm the sale in respect of 1 acre 75 cents of property comprised in Survey No.427/1-A of Perumpazhathoor village as per sale deed No.858/89 on condition that the petitioner shall pay an amount of Rs.34,000/- (Rupees thirty four thousand) on or before 30.3.2005." Counsel for the petitioner submits that the petitioner is prepared to pay the entire dues to the society. Petitioner may approach the third respondent along with a copy of this judgment within one month from today. Thereafter, the third respondent will issue a statement of accounts to the petitioner within another one month and if necessary, will permit the petitioner to peruse the records. In case the petitioner has any dispute on the statement of accounts, it will be open to her to point out the same before the second respondent, in which case, the matter will be duly considered by the said authority and appropriate action in accordance with law will be taken with notice to the petitioner, WP NO.31202/03 2 respondents 3 and 4, and any other affected party, within another two months. It is made clear that the statement of accounts shall confine only to that liability for which the sale is referred to in the interim order extracted above. The fate of the payment made based on the interim order will depend on the order thus passed by the second respondent. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 21st March, 2007.


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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