P. K. Nazer v. State of Kerala
Case brief
What is this about?
The Court, via a writ petition, examined claims of wrongful inclusion of a builder's tax defaults in an encumbrance certificate affecting a purchaser's property rights post-transfer.
What did the court decide?
The impugned encumbrance certificate (Ext.P3) was quashed. The Sub Registrar was directed to issue a fresh encumbrance certificate excluding liabilities of the builder incurred after 29.11.2012.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 19TH DAY OF OCTOBER 2020 / 27TH ASWINA, 1942
WP(C).No.16937 OF 2020(N)
PETITIONER:
P. K. NAZER, AGED 53 YEARS, S/O. KUNJUMOHAMMED, PARALIL HOUSE, PALLILAM KARA, H.M.T. COLONY P. O., ERNAKULAM, PIN - 683503.
BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
- 2 THE INSPECTOR GENERAL OF REGISTRATION, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695 503.
Issues for consideration
1 issue framed by the court
Whether the quasi-judicial authority is directed to issue a fresh encumbrance certificate reflecting the petitioner's ownership despite satellite attachments arising from the respondent-builder's defa
Parties & counsel
- petitioner
P. K. Nazer
- respondent
State of Kerala Represented by its Secretary to Government, Department of Taxes
- respondent
The Inspector General of Registration
- respondent
The Sub Registrar Sub Registrar's Office, Angamaly
- respondent
The Tahsildar Aluva Taluk
Case details
As recorded by the court registry
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