New Delhi: The Supreme Court on Friday asked the Communist Party of India (Marxist) to file its response in a long-running dispute over the land on which its Kerala headquarters, the AKG Centre in Thiruvananthapuram, stands. The two-judge bench of Justice Aravind Kumar and Justice Manmohan issued notice to the party while hearing a special leave petition (SLP) from a woman claiming that the land was wrongfully sold decades ago.
Background
The fight traces its roots to a civil suit filed way back in 1974. A decree followed in 1978, setting the stage for a court-ordered auction. According to the petitioner, Indu, she bought the property from the original owner before the auction process was fully settled. Despite this, the property was later auctioned off in 1999, and the CPI(M) eventually purchased it from the auction winner.
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Indu argues that the court sale was flawed and that her ownership should be recognised. Her attempts to convince the execution court failed, and the Kerala High Court also dismissed her plea. With those setbacks, she turned to the Supreme Court seeking to overturn the 1999 sale and regain the land.
Court’s Observations
During the brief hearing, Justice Kumar noted that the dispute raises “serious questions about the integrity of the court auction process.” Justice Manmohan added that the petitioner’s challenge to an auction held more than two decades ago “cannot be brushed aside merely because of the passage of time.”
Senior advocate Chidamberesh, appearing for Indu, said the sale happened “when execution proceedings were still live, which vitiates the entire transaction.” On the other side, senior advocate V. Giri, representing CPI(M), insisted that the party is a bona fide purchaser. “All legal formalities were followed, and the sale was confirmed by the court after due notice,” he maintained.
The bench seemed keen to test both claims. “The issue of whether a bona fide purchase can override an earlier private sale must be carefully examined,” the judges remarked.
Decision
Concluding the brief session, the Supreme Court directed the CPI(M) to file its reply and supporting documents. “Let the respondent place its stand on record within four weeks,” the bench ordered, making it clear that the next hearing will decide whether the decades-old auction can be reopened. No interim relief was granted to the petitioner at this stage.
Case: Indu v. Finance and Investment Corporation & Others – Kerala CPI(M) Headquarters Land Dispute
Diary No.: 40969-2025
Petitioner: Indu, claiming prior ownership of the property before the auction sale.
Respondents: Finance and Investment Corporation & CPI(M) (subsequent purchaser).