Summary: A court case involving Kolanjammal and the Revenue Divisional Officer of Perambalur District over a disputed auction of family property due to unpaid debts from the 1970s. The Supreme Court upheld the auction's validity.
In 1972-73, Ramaswamy Udayar won bids for local liquor shops but didn't pay, leaving a debt. After his death in 1988, the debt became a family issue. Years later, the authorities tried to recover the debts by auctioning off family property.
In 2005, authorities issued auction notices to recover the debts. Kolanjammal, Ramaswamy’s widow, and her son, Karunanidhi, challenged these notices in court. Despite temporary orders and partial payments, the auction went ahead in July 2005.
The High Court dismissed their appeals, saying they failed to challenge the sale within the 30-day limit. The auction was confirmed in 2008, and the court ordered any deposits by Kolanjammal to be refunded.
"The appellant had not filed any application under Sections 37-A or 38 of the Revenue Recovery Act within the 30-day period to cancel the sale."
Kolanjammal appealed to the Supreme Court, arguing the auction was illegal due to ongoing legal proceedings. However, the court found no error in the High Court's decision.
Kolanjammal's lawyer argued the auction was illegal as it occurred during ongoing legal actions. The authorities responded that the auction was valid, with all procedures followed, and that Kolanjammal didn't use the available legal options.
The Supreme Court ruled that Kolanjammal didn't follow the necessary legal steps to challenge the auction. The sale was confirmed, and the property was transferred to new owners, making her claims irrelevant.
"The auction and its confirmation have not been shown to suffer from any major error, mistake, or dishonesty."
The Supreme Court dismissed Kolanjammal's appeal, confirming the auction's legality. The court emphasized the importance of following legal procedures and timelines when challenging such sales.
