In WP(C).No.24853 of 2020, the petitioner challenged denial of mutation rights for auction-purchased properties. After the Government Pleader stated mutation was already affected in 2018 pursuant to earlier directions, the petitioner sought to withdraw the petition, which the court dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.24853 OF 2020(F)
PETITIONER :
MR.S.CHANDRAMANY,AGED 56 YEARS S.SREEDHARAN,RESIDING AT THAVOOTTU VEEDU,THRIKKARUVA PANCHAYAT, THRIKKARUVA NAGAR,PRAKKULAM, P.O.KOLLAM-691602.
BY ADVS. SRI.S.SREEKUMAR (KOLLAM) SMT.V.BEENA
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is the auction purchaser of two items of property, namely, 5.40 Ares (13.34 cents) along with a residential building situated in old survey No.3627/6 in Resurvey No.690/15 in Block No.15 of Mangad Village; and 3.20 Ares (7.90 cents) along with a building situated in old Survey No.5612A in Re-survey No.897 in Block No.15 of Kilikolloor Village, from the 4th respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent to effect mutation of the property purchased in auction and to receive the property tax. The petitioner has also sought for an order directing the 5th respondent Sub Registrar to remove the adverse entries in the relevant registers regarding the revenue recovery proceedings against the secured asset subsequent to the creation of mortgage.
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get instructions.
consideration, this Court passed the following order;
“The grievance of the petitioner is that in spite of specific directions issued by this Court in Ext.P1 judgment, the 3rd respondent has refused to accept property tax on the ground that the directions were issued only to the Village Officer, Mangad Village. 2. Paragraph Nos. 4 to 6 of the judgment dated 22.10.2018 in W.P.(C) No.27132/2018 is extracted below for easy reference.
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cannot be sustained and it is overruled. As a result, Ext.P7 is set aside. “
on instructions, submitted that the assertions made in the writ petition are not fully correct and that, pursuant to the direction contained in Ext.P1 judgment, the Village Officer has effected mutation and has permitted the petitioner to pay basic tax as well and this was done in the year 2018 itself. The learned counsel for the petitioner sought time to get instructions.
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Therefore, the learned counsel for the petitioner seeks permission to withdraw this writ petition, without prejudice to the right of the petitioner to file a fresh writ petition seeking appropriate reliefs.
In such circumstances, recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/7/1
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.27132/18 DATED 22.10.2018 PASSED BY THE HON'BLE HIGH COURT.
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 04.02.2020 OF THE PETITIONER.
Mr.S.Chandramany
The District Collector
The Tahasildar(RR)
Village Officer, Kilikolloor
Authorised Officer, State Bank of India
The Sub Registrar Officer
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
