Writ petitioner sought mutation and tax acceptance for purchased land. Court ordered mutation and tax acceptance irrespective of prior suit attachment, directing effectuation within three weeks.
Mutation and acceptance of tax to be effected within three weeks from the date of production of a certified copy of this judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937
WP(C).No. 5355 of 2009 (L)
PETITIONER :
BASHEER KUTTY, AGED 42 YEARS,VAYALIL PUTHEN PARAMPIL, ERUVA MURI, PUTHIYOOR VILLAGE KAYAMKULAM, ALAPPUZHA DISTRICT.
BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD
RESPONDENT(S) :
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. TAHSILDAR, KUNNATHUR TALUK.
3. VILLAGE OFFICER, MYNAGAPPALLY VILLAGE, KUNNATHUR TALUK.
4. NAUSHAD, S/O.JALALUDDEEN KUNJU, KANDATHIL HOUSE, SOUTH MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE.
5. SABEENA, W/O.NAUSHAD, KANDATHIL HOUSE, SOUTH MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE.
R1 TO R3 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 5355 of 2009 (L)
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE SALE DEED 10-6-2008 REGISTERED AS DOCUMENT NO. 1730 OF 2008 OF SRO, KARUNAGAPPALLY.
EXT.P2 COPY OF THE NOTICE DATED 28-10-2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
Mn
K. Vinod Chandran, J
------------------------------------------W.P.(C).No.5355 of 2009-L
------------------------------------------Dated this the 27th day of July, 2015
JUDGMENT
The petitioner was before this Court claiming mutation of the property and acceptance of basic tax with respect to 4.23 ares of land conveyed to him as per Exhibit P1. However, the applications were not considered by the revenue authorities for reason of there being an attachment in a suit filed before the Munsiff's Court, Karunagappally.
passed subsequent to the purchase of the property and its registration. In such circumstance, if the order of attachment was passed subsequent to the petitioner's purchase, then necessarily mutation can be effected as also tax accepted. Even if the same is before the purchase, the liability would run with the property and the subsequent purchaser would be liable for such amounts sought to be realised on the basis of the attachment, which would be regulated by the final judgment and decree in the suit. In such circumstance, looking
WP(C).No.5355 of 2009
at every angle, the mutation and acceptance of tax have to be made dehors the fact that the attachment is made even prior to the purchase. The mutation shall be effected within three weeks from the date of production of a certified copy of this judgment.
The writ petition is disposed of as above. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
1 issue framed by the court
Whether mutation and acceptance of tax can be granted despite existing attachment in a suit filed prior to purchase.
Basheer Kutty
State of Kerala
Tahsildar, Kunnathur Taluk
Village Officer, Mynagappally Village
Naushad
Sabeena
K Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
