Allowed

K.Peethambaran Pillai, v. the Sub Registrar

Kerala HC14 Feb 2019WP(C)/4415/2019

Case brief

AI extract

What is this about?

The Court held that an interim order of property attachment under the Protection of Women from Domestic Violence Act, which became set aside upon dismissal of the main proceedings, must be deleted from encumbrance records. The Respondents were directed to remove the encumbrance and issue a fresh certificate.

What did the court decide?

Respondents directed to delete encumbrance from Ext.P-2 order records and issue fresh Encumbrance Certificate within one week.

K.Peethambaran Pillai, Vs the Sub Registrar — Property and Title | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

THURSDAY,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940 WP(C).No.4415 of 2019

¶5

PETITIONER/S:

¶6

K.PEETHAMBARAN PILLAI, AGED 70 YEARS KARTHIKA, KARAVARAM P.O., KALLAMBALAM, THIRUVANANTHAPURAM - 695 605.

¶7

BY ADV. SRI.R.V.SREEJITH

¶8

RESPONDENT/S:

¶9

1 THE SUB REGISTRAR, NAVAYIKULAM P.O., THIRUVANANTHAPURAM - 695 603.

¶10

2 THE VILLAGE OFFICER, KARAVARAM P.O., KALLAMBALAM, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM - 695 605.

¶11

OTHER PRESENT:

¶12

SMT.PRIYA SHANAVAS, GOVT.PLEADER

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

::2::

¶15

WP(C).No. 4415 of 2019

¶16

ALEXANDER THOMAS, J .

¶17

W.P(C).No.4415 Of 2019

¶18

Dated this the 14^th day of February, 2019.

¶19

J U D G M E N T

¶20

The prayers in the above Writ Petition

¶21

(Civil) are as follows:

¶22

“i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to delete the encumbrance of the property in Re-sy.No.197/15 and residential building therein in Karavaram Village, Chirayinkeezhu Taluk, Navayikulam Sub Division, Thiruvananthapuram District in registration documents as well as village documents.

¶23

ii) To direct the respondents to consider and pass orders on Ext.P5 & P6 representations as expeditiously as possible and at any rate within a time frame to be fixed by this Hon'ble Court. And

¶24

iii) Grant such other reliefs as this Hon'ble court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”

¶25

2. Heard Sri.R.V.Sreejith, learned counsel

¶26

for the petitioners and Smt.Priya Shanavas, learned Government Pleader appearing for the respondents.

¶27

3. Petitioner claims to be owner and in absolute possession and enjoyment of the property having an extent of 41.85 ares comprised in

¶28

::3::

¶29

WP(C).No. 4415 of 2019

¶30

Re-Sy.No.197/15 along with residential building thereon in Karavaram Village, Chirayinkeezhu Taluk, Navayikulam Sub Division,

¶31

Thiruvananthapuram Revenue District. Ext.P-1 is the basic land tax receipt dated 19.5.2017 issued to the petitioner in respect of the said property by the 2^nd respondent-Village Officer, Karavaram Village. It is stated that one Saritha Varghese, had filed a petition under the Protection of Women from Domestic Violence Act, 2005, against Harikrishna, who is the son of the petitioner and the property of the petitioner was attached as per Ext.P-2 interim order dated 29.3.2016 issued by the Judicial First Class Magistrate Court, Angamaly on Crl.M.P.No.305/2016 in M.C.No. 9/2016. Later, the said Saritha Varghese, had not appeared before the said Magistrate in the said Domestic Violence Act proceedings and the learned Magistrate after issuing notice to her had dismissed the main matter in M.C.No.9/2016 as

¶32

::4::

¶33

WP(C).No. 4415 of 2019

¶34

evident from Ext.P-4 order dated 23.8.2018, which

¶35

reads as follows:

¶36

“Petitioner absent. No representation. Registered notice returned stating that she left India. In this circumstances, I am of the view that petitioner is not intending to proceed the matter. Hence petition dismissed and proceedings closed.”

¶37

Pursuant to the order of attachment made as per Ext.P-2 interim order dated 29.3.2016 of the learned Magistrate, encumbrance was noted as against the subject property of the petitioner as serial No.14 in Ext.P-3 Encumbrance Certificate issued by the 1^st respondent-SRO, Navayikulam. After dismissal of the main M.C as per Ext.P-4 order dated 23.8.2018, the petitioner had approached the 1^st respondent-SRO and the 2^nd respondent-Village Officer, requesting them to delete and efface the said attachment made

¶38

pursuant to Ext.P-2 interim order from the records concerned. It appears that the respondents are taking the stand that since it is not explicitly stated in Ext.P-4 order that

¶39

::5::

¶40

WP(C).No. 4415 of 2019

¶41

Ext.P-2 interim order stand set aside or vacated, they are not in a position to delete and efface the attachment.

¶42

4. From the pleadings and materials on record, it is seen that though initially Ext.P-2 interim order of attachment was granted by the learned Magistrate in the Domestic Violence Act proceedings on 29.3.2016, which led to the noting of the encumbrance in Ext.P-3 encumbrance certificate, later the main matter in M.C.No. 9/2016 was dismissed by the learned Magistrate as evident from Ext.P-4 order dated 23.8.2018. In view of the dismissal of the main matter as per Ext.P-4 order it goes without saying that Ext.P-2 order of attachment will also stand rescinded and

¶43

set aside and it has no legal efficacy whatsoever. Accordingly, it is ordered that the 2^nd respondent-SRO will take steps to delete and efface the said attachment made earlier pursuant to Ext.P-2 order without any further delay. The

¶44

::6::

¶45

WP(C).No. 4415 of 2019

¶46

petitioner may submit an application for grant of fresh Encumbrance Certificate after deletion of such attachment on requisite payment of fee/cost in that regard and the SRO will issue fresh Encumbrance Certificate in respect of the subject property after deletion of the encumbrances made earlier pursuant to Ext.P-2 order without much delay, preferably within a period of one week from the date of production of a certified copy of this judgment.

¶47

With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

¶48

Sd/- ALEXANDER THOMAS, Judge.

¶49

bkn/-

¶50

::7::

¶51

WP(C).No. 4415 of 2019

¶52

APPENDIX

¶53

PETITIONER'S/S EXHIBITS:

¶54

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT DATED 19.5.2017 ISSUED TO THE PETITIONER.

¶55

EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER OF JFCM, ANGAMALY IN C.M.P.NO.305/2016 IN CRL.M.C.NO.9/2016.

¶56

EXHIBIT P3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 4.4.2016 OF THE PETITIONER'S PROPERTY.

¶57

EXHIBIT P4 THE TRUE COPY OF THE ORDER IN M.C.9/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY.

¶58

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 1.2.2019 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

¶59

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 1.2.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

K.Peethambaran Pillai, v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

K.Peethambaran Pillai, v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.C.Jacob, Vs Manju N.Nair

Sharafudheen, Vs District Collector

Laila @ Marykutty Godfrie, Vs Executive Engineer, Department of Roads

P.P.Gopi, Vs State of Kerala

Joji Thomas Vs the State of Kerala

Francis @ Baby Varghese, Vs State of Kerala