Disposed

Bank of Baroda v. State of Kerala

Kerala HC9 Dec 2020WP(C)/12678/2020

Case brief

AI extract

What is this about?

The writ petition directed the Sub Registrar to register a sale certificate issued by the petitioner. The Court noted the sale certificate was not produced for registration. The petition was disposed of with liberty to produce the document complying with formalities.

What did the court decide?

Petition disposed with liberty to produce the sale certificate for registration after complying with necessary formalities.

Bank of Baroda Vs State of Kerala — Kerala HC (2020) — LawSathi Research

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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 A.M.BADAR

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WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942

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WP(C).No.12678 OF 2020(H)

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PETITIONER:

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BANK OF BARODA ROSARB, ERNAKULAM, PALLIMUKKU, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER.

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BY ADVS. SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.ADARSH KUMAR SRI.DILEEP CHANDRAN SRI.SHASHANK DEVAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN-688 001.

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3 THAHSILDAR (REVENUE RECOVERY), AMBALAPUZHA, KIDANGAMPARAMP, ALAPPUZHA DISTRICT, PIN-688 013.

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4 SUB REGISTRAR, MARARIKKULAM SUB REGISTRAR'S OFFICE, MARARIKKULAM P.O., ALAPPUZHA DISTRICT, PIN-688 522.

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5 VILLAGE OFFICER, MANNANCHERY VILLAGE, MANNANCHERRY P.O., ALAPPUZHA DISTRICT, PIN-688 538.

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6 MR.GOPALAKRISHNA PILLAI, S/O.BHASKARA PANICKER, PULIMOOTTIL BUILDING, MANNANCHARY P.O., ALAPPUZHA DISTRICT, PIN-688 538.

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*7 RAJALAKSHMI, D/O.GOPALAKRISHNA PILLAI, PULIMOOTTIL BUILDING, MANNANCHARY P.O., ALAPPUZHA DISTRICT, PIN-688 538. (DELETED)

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W.P.(C) No.12678/2020

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*** R7 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 06-11-2020 IN IA 2/2020.**

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8 M/S. RAJ TRADERS, REPRESENTED BY ITS MANAGING PARTNER MR.JANNATHUL FIRDOUSE, OPPOSITE FEDERAL BANK, MANNANCHERRY P.O., ALAPPUZHA DISTRICT, PIN-688 538.

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R1-R4 BY SRI. RON BASTIN, GOVERNMENT PLEADER R8 BY ADV. SRI.V.K.PEERMOHAMED KHAN R8 BY ADV. SRI.V.RENJITH R8 BY ADV. SRI.C.J.CHACKO

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.12678/2020

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JUDGMENT

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Dated this the 9^th day of December 2020

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The limited grievance in this writ petition is to the effect that respondents, more particularly the 4^th respondent, be directed to register the sale certificate, Ext.P1, issued by the petitioner in favour of the 8^th respondent after effacing attachments at the instance of the 1^st respondent.

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The counter affidavit filed by the 4^th respondent makes it clear that such sale certificate, if any, was never produced for registration before it by the petitioner.

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In this view of the matter, the instant writ petition is disposed of with liberty to the petitioner to produce the sale certificate (Ext.P1) for registration before the 4^th respondent after complying all necessary formalities.

Sd/-

A.M.BADAR

JUDGE

smp

W.P.(C) No.12678/2020

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APPENDIX OF WP(C) 12678/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE DATED 29.05.2020 ISSUED IN FAVOUR OF 8TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 25.11.2019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 11.12.2019. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 30-11-2019.

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RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp

W.P.(C) No.12678/2020 5

Bank of Baroda v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. State of Kerala

Case brief

What is this about?

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