Allowed

Johnson, v. the District Collector, Thrissur

Kerala HC4 Feb 2020WP(C)/1768/2020

Case brief

AI extract

What is this about?

This Court allowed a writ petition filed by an auction purchaser of co-operative property. The Court clarified that there is no impediment to effecting mutation and accepting basic tax, leaving any superior rights of creditors to be enforced through appropriate legal channels.

What did the court decide?

Mutation shall be effected in favour of the petitioner and basic tax shall be accepted.

Johnson, Vs the District Collector, Thrissur — Land Acquisition | Kerala HC (2020)

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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.MUHAMED MUSTAQUE

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TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941

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WP(C).No.1768 OF 2020(U)

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PETITIONER/S:

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JOHNSON, AGED 55 YEARS S/O.KOMBARAKKARAN JOHNY, RESIDING AT HOUSE NO.VII/274 OF IRINJALAKKUDA MUNICIPALITY, MADAYIKONAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 712.

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BY ADVS. SRI.K.B.PRADEEP SHRI.HARISANKAR R SHRI.SREERAJ M.D.

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN-680 003.

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2 THE TAHSILDAR, MUKUNDAPURAM TALUK, MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR, PIN-680 125.

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3 THE VILLAGE OFFICER, MADAYIKONAM, MADAYIKONAM VILLAGE OFFICE, MADAYIKONAM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 712.

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GP DHANIL M R

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Wpc 1768/2020

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JUDGMENT

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Dated this the 4th day of February 2020

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The petitioner purchased a property in auction pursuant to

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an award passed by the Registrar of Co-operative Societies. He approached this Court as the revenue authority refused to effect mutation citing attachment over the property. It appears that there was an attachment from the criminal court. That was subsequently lifted as seen from Exhibit-P2.

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Having considered the facts and circumstances, this Court is of the view that there is no impediment in effecting mutation and accepting basic tax. If any of the creditors have any superior right over the property, they are free to proceed in accordance with law. Subject to above, mutation shall be effected in favour of the petitioner and basic tax also shall be accepted.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 19.07.2018.	SALE CERTIFICATE DATED
EXHIBIT P2	TRUE COPY OF THE MAGISTRATE COURT 6532 OF 2018 AND	ORDER BY THE KODUNGALLOOR IN CMP NO.6534 OF 2018, 6540/2018.
EXHIBIT P3	TRUE COPY OF THE DATED NOVEMBER 20	PETITIONER'S COMPLAINT 19 TO THE 1ST RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE 3RD RESPONDENT.	PETITIONER'S LETTER TO THE
EXHIBIT P5	TRUE COPY OF THE APPLICATION DATED	PETITIONER'S RTI 13.12.2019.
EXHIBIT P6	TRUE COPY OF THE THE 3RD RESPONDEN APPLICATION.	REPLY DATED 03.01.2020 BY T TO THE PETITIONER'S RTI

Johnson, v. the District Collector, Thrissur

Case brief

What is this about?

What did the court decide?

Johnson, v. the District Collector, Thrissur

Case brief

What is this about?

What did the court decide?

What the court decided

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