Allowed

Baiju v. the Sub-Registrar

Kerala HC2 Aug 2018WP(C)/22114/2018

Case brief

AI extract

What is this about?

This writ petition sought directions to delete a wrong entry regarding an Arbitral Tribunal order in the encumbrance certificate of the petitioner's property. The court directed the Sub-Registrar to delete the impugned entry and issue a non-encumbrance certificate.

What did the court decide?

Directed the 1st respondent SRO to delete the wrong encumbrance entry (Serial No.3) and issue a non-encumbrance certificate upon receipt of the certified copy of the application within one week.

Baiju Vs the Sub-Registrar — Property and Title | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THURSDAY, THE 2ND DAY OF AUGUST 2018 / 11TH SRAVANA, 1940

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WP(C).No. 22114 of 2018

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PETITIONER

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BAIJU AGED 44 YEARS, S/O.BALAKRISHNAN NAIR, RESIDING AT NARIKODANS HOUSE, THURIYATHIYAD P.O., BALUSSERY VILLAGE, KOYILANDI TALUK, CALICUT.

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BY ADVS.SRI.SREELAL N.WARRIER SRI.M.S.AMAL DHARSAN

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RESPONDENTS:

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1. THE SUB-REGISTRAR

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SUB-REGISTRAR OFFICE, BALUSSERY-673 612.

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2. M/S. SML FINANCE LTD.

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BETHANY COMPLEX, THRISSUR-680 001.

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3. HAMEED

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S/O.KADER, RESIDING AT KAIPRAKUNNUMEL HOUSE,

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BALUSSERY AMSOM, THURUTHYAD.P.O.,

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KOYILANDY TALUK, CALICUT-673 612.

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R1 BY GOVERNMENT PLEADER SMT.A.C. VIDHYA R2 BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22114 of 2018 (L)

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APPENDIX PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE PHOTOCOPY OF THE SALE DEED NO.2244/13 OF BALUSSERY SRO. EXHIBIT P2 TRUE PHOTOCOPIES OF THE LATEST LAND TAX RECEIPT DATED 04.05.2017, LOCATION CERTIFICATE DATED 07.11.2017, POSSESSION CERTIFICATE DATED 07.11.2017. EXHIBIT P3 TRUE PHOTOCOPY OF THE ENCUMBRANCE CERTIFICATE DATED 04.11.2017. EXHIBIT P4 TRUE PHOTOCOPIES OF THE LEGAL NOTICES WITH POSTAL RECEIPTS AND A/D CARDS.

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RESPONDENTS EXHIBITS NIL /TRUE COPY/ PA TO JUDGE

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sdr/4.8.18

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ALEXANDER THOMAS, J.

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==========================

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W.P.(Civil) No.22114 of 2018

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==========================

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Dated this the 02^nd day of August, 2018

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JUDGMENT

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The prayers in this writ petition (civil) are as follows:

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“i. Issue a writ, order or direction to the 1^st Respondent to remove/delete the wrong entry made in the Exhibit P3 encumbrance certificate of Petitioner's property in Re-Survey No.21/2 (Old Sy.No.14/8, 14/9) in Balussery Village, Koyilandy Taluk;

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ii. Issue a writ of mandamus or any appropriate writ, order or direction, directing the 2^nd respondent to act upon the Exhibit P4 legal notice sent by the Petitioner for removing the wrong entry made in encumbrance certificate of the Petitioner in Re-Survey No.21/1 (Old Sy.No.14/8, 14/9) in Balussery Village, Koyilandy Taluk;

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iii. Issue such other appropriate writ, direction or order as this Hon'ble Court may deem fit and necessary.

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Heard Sri.Sreelal N.Warrier, learned counsel for the petitioner,

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Smt.A.C.Vidhya, learned Government Pleader appearing for the 1^st respondent (SRO, Balussery) and Sri.Sunil Nair, Palakkad, learned counsel appearing for the 2^nd respondent (M/s. SML Finance Ltd.).

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Though notice has been duly served to the contesting respondent No.2, there is no appearance for the party.

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Sri.Sunil Nair, Palakkad, the learned counsel appearing for the contesting respondent No.2 submits on the basis of the instructions from the party respondents that the 2^nd respondent has no objection in the deletion of the encumbrance noted in Ext.P2 as against the petitioner's

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W.P.(Civil) No.22114 of 2018

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: 2 :-

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property and that the same may be treated as deleted.

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Serial No.3 of Ext.P3 encumbrance certificate issued by the

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1^st respondent SRO reads as follows:

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ക മ നമ മ ർ	വസ്തു വവിവരര	ആധധാരര രജവിസ്റ്റർ ചചെയ്ത തതീയതവി	ആധധാരതവിചന സലയര സസ്വഭധാവവര	എഴുതവി ചകധാടുത ആ:ൾ	എഴുതവി വധാങവിയ ആൾ	ആധാ ി്റ്റ വധാലലര ലലര	ധാരര രജവി്റ്റ ചചെയ്ത പപേജജ	ാ ിസ്റ്റർ നമ മർ
3	ബധാലുപശ്ശേരവി വവിപല്ലേജജ,	24/07/2017	Rs.40,759 ജപവി / നവിപരധാധന ഉതരവജ	The Arbitrat Tribunal	The Arbitrat Tribunal	1378	25-32	F 39/
	ി്ലേജ തുരുതലധാടജ പദേശര, Sch.No.1/1		ിാ ജ	Thrissur, Thrissur	Thrissur, Thrissur			201 7
	Area: 43 Cent 500.00 Sqf. Blk. 000,			Thrissur	Thrissur
	Re.Sy.21/1A/
	2 Kayipra
	Kunnummal
	Ennu peru parayunna
	parambil

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Accordingly, it is ordered that the impugned encumbrance noted as per Serial No.3 of Ext.P3 on the basis of the orders of the Arbitral Tribunal, Thrissur to the extent it affects the petitioner's property in Sl.No.3 shall be deleted by the 1^st respondent SRO and necessary non-encumbrance certificate in that regard should be freshly issued by the 1^st respondent SRO to the petitioner, within one week from the date of production of a certified copy of the application that may be preferred in that regard by the petitioner. The petitioner may submit the above said application before the 1^st respondent SRO along with the certified copy of this judgment for necessary action.

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W.P.(Civil) No.22114 of 2018

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: 3 :-

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With the above observations and directions, this writ petition (civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS,

JUDGE

SB/03/08/2018

// true copy //

P.A to Judge

Baiju v. the Sub-Registrar

Case brief

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Baiju v. the Sub-Registrar

Case brief

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