Petitioner challenged non-consideration of prayer for mutation of a property sold to him. Court held attachment runs with property but directed expedited report and mutation if no impediment exists.
Directed 2nd respondent to expedite report and Thasildar to carry out mutation if no legal impediment exists.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937
WP(C).No.4187 of 2015 (W)
PETITIONER:
CHACKO,S/O.THOMAS,VAZHAKADAVATH,PERUVANNAMUZHI.
BY ADV. SRI.M.BALAGOVINDAN
RESPONDENTS:
1. THE THASILDAR,OFFICE OF THE TAHSILDAR, KOYILANDY,KOZHIKODE DISTRICT,PIN-673305.
2. VILLAGE OFFICER,OFFICE OF THE VILLAGE OFFICER, PERAMBRA,KOZHIKODE,PIN-673525.
3. AJEESH JOSEPH,PALAMTHALAIKKAL, CHAKKITTAPARA,KOZHIKODE DISTRICT, PIN-673526.
R1 & R2 BY GOVT. PLEADER SMT.C.K.SHERIN. R3 BY ADV.SRI.P.V.JAYACHANDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
pk
WP(C).No.4187 of 2015 (W)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
//TRUE COPY//
P.S. TO JUDGE
pk
K. VINOD CHANDRAN, J
Dated this the 11th day of June, 2015
The petitioner is aggrieved by the non-consideration of
the prayer for mutation in the revenue records with respect to a property covered by Ext.P1 title deed. The 3rd respondent has obviously sold the property to the petitioner herein.
1st respondent had called for a report from the 2nd respondent and
that the same is awaited. It is also submitted that a revenue recovery proceeding is initiated against the property.
is trite that if an attachment has been made on a property the same
will run with the property and the petitioner cannot escape from
the liability on the property; merely because a transfer has been effected or even that the mutation has been carried out. The
WPC.No.4187/2015
: 2 :
transfer would, even on mutation being effected, subject to any attachment. 2nd respondent shall expedite the report and the Tahsildar shall carry out mutation, if there is no other legal
impediment.
Writ petition is disposed of.
Sd/(K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
1 issue framed by the court
Whether the Thasildar should carry out mutation in revenue records despite pendency of revenue recovery proceedings against the property.
1 provisions across 1 enactments
Chacko, S/O.Thomas
The Thasildar
Village Officer
Ajeesh Joseph
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
