The petitioner claims to be an auction purchaser of 10 cents of property covered by settlement deed No.2180/2002 of Karukachal Sub Registry. The petitioner submits that the property originally belonged to the 5th respondent. The 5th respondent along with the 6th respondent availed a housing loan from the 7th respondent bank and committed default in paying the loan amount. It is also submitted that the 4th respondent, mother of the 6th respondent and mother-in-law of the 5th respondent filed a suit as O.S.No.60/2008 before the Changanassery Munsiff Court alleging that the bank is going to auction the portion of the property annexing to the property offered by the 5th respondent before the 7th respondent bank. The petitioner also submitted that certain portion of the revenue puramboke is also included and he approached the District Collector to initiate action under Section 13A of the Surveys and Boundaries Act. The petitioner relies on Ext.P1.
2. The petitioner admits that no sale has been confirmed by the 7th respondent. The petitioner has no case that he has any right or interest in the property referred in the writ petition or in Ext.P1. Therefore, as far as the property is concerned, the petitioner is a third party. The petitioner had only remitted certain portion of the auction amount. The petitioner has no right referable under any documents or through auction purchase under the SARFAESI Act, I am of the view that the petitioner's reliefs seeking a direction against the second respondent to take a decision based on Ext.P1 is not maintainable. It is open to the Revenue Officials to take appropriate decision their own not at the instance of the petitioner, who claims to be the auction purchaser of the property. Therefore, the relief sought in the writ petition is declined. It is made clear that it will not stand in the way of the Revenue Officials taking a decision their own in finding out the Government land in appropriate manner.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln