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T.DASAN KURUVILA, S/O. KURUVILA versus TAHSILDAR

High Court of Kerala

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T.DASAN KURUVILA, S/O. KURUVILA v. TAHSILDAR - WP(C) No. 31262 of 2003(V) [2006] RD-KL 3266 (12 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31262 of 2003(V)

1. T.DASAN KURUVILA, S/O. KURUVILA,
... Petitioner

Vs

1. TAHSILDAR,
... Respondent

2. THODUPUZHA PRIMARY CO-OPERATIVE

For Petitioner :SRI.UNNIKRISHNAN.V.ALAPATT

For Respondent :SRI.P.V.BABY

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :12/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P(C)No.31262 of 2003

Dated this the 12th day of December, 2006



JUDGMENT

The writ petition is filed with the following prayers:-

i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to pay off the revenue arrears and avoid the sale of the property by the government or alternatively direct the 2nd respondent to return the petitioner the purchase money together with interest. ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent not to conduct the sale of the property in auction till the 2nd respondent pay off the revenue arrears or return the petitioner the purchase money together with interest. Though allegations and counter allegations are raised, the fact remains that the sale could not be confirmed, in view of the intervention of the revenue authorities as well as the officers of the Kerala Toddy Workers Welfare Fund. Now the petitioner is interested only in getting back their money. On instruction, learned counsel for the second respondent submits that in the facts and circumstances of the case one possible way is to return the money as requested by the petitioner since it may take W.P(C)NO.31262/2003 some time more to settle the various other disputes involved in the transaction. In the above circumstances this writ petition is disposed of directing the second respondent to return the amount deposited by the petitioner with 9% interest from the date of deposit, within a period of two months from the date of production of a copy of this judgment. It is made clear that it will be open to the second respondent to take appropriate action to realise the cost and damages suffered by the Bank from the defaulter.

(KURIAN JOSEPH, JUDGE)

ahg.


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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