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2008 (9) TMI 888 - MADRAS HIGH COURTRecovery proceedings - sale of property - auction sale - Held that:- In the present case, the procedure for selling the properties by revenue recovery proceedings, the legal procedure, was not followed. No wide publicity was given. The time gap provided under sections 36 and 38 of the TNRR Act was not followed. The right of the independent owners including the petitioner in W.P. No. 5324 of 2008 was infringed as no notice was given to him and his brother who were no way connected with the company. (Though such a notice was given to them when auction notice was issued during the year 2004). In the light of the same, these writ petitions are liable to succeed and the impugned notice are bound to set aside. In the present case, on behalf of the company, one director K.K. Gnanaprabakaran had filed an affidavit of undertaking to pay a ₹ 45,67,264 together with five per cent interest as a precondition for setting aside the sale. Therefore, the petitioner-company in W.P. Nos. 3847 and 4378 of 2008 are directed to deposit as undertaken by them vide undertaking dated June 25, 2008 within a period four weeks from the date of receipt of a copy of this order. The sale made in favour of K. Govindaraj the successful auction purchaser is hereby set aside and the Commercial Tax Department is directed to refund the amount taken from the auction purchaser within two weeks from the date of receipt of the order.
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