K.J. DENNIS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE first petitioner is the owner of an extent of 90 cents of land in Sy.No.307/IA/3 of Cherthala South Village and the second petitioner is the owner of 60 cents of land in Survey No.227/10 of Vayalar East Village along with residential building and improvements thereon and 6 cents of land in Survey Nos.227/8C and 227/8D of Vayalar East Village. The properties were bid by the petitioners in an auction conducted on 28/10/2005 by the fifth respondent in DRC No.483 in T.A.No.1091/1997 filed by the sixth respondent before the Debt Recovery Tribunal, Ernakulam. The bid amount as far as the first petitioner is concerned is '.45,20,000.00 and that of the second petitioner is '.30,50,000.00.

(2.) THEY have respectively obtained the Certificates of sale as per Exts.P1 and P2. The defaulter was one Shri M.Vijayalal. In fact, there were attachment orders against the properties by the State in the nature of sales tax and abkari dues from the said Shri Vijayalal and his wife Smt.S.Chandralatha. The sale was conducted by the fifth respondent after obtaining No Objection Certificate from the first respondent. It appears that subsequent disputes arose which culminated in the petitioners approaching this Court earlier.

(3.) THE petitioners are seeking the said direction as consequential to the mutation effected in favour of the petitioners.