Allowed

Jesus Kuries (P) Ltd. v. Tahsildar

Kerala HC30 Nov 2022WP(C)/23645/2022

Case brief

AI extract

What is this about?

The petitioner, who purchased a property in execution of a suit decree, approached the revenue authorities for mutation which was denied citing pending recovery proceedings. The court held that subsequent charges cannot override the prior mortgage and allowed the writ petition to complete the mutation in favour of the petitioner.

What did the court decide?

Direction to respondents to consider the mutation application and effectuate the mutation of the property in favour of the petitioner.

Jesus Kuries (P) Ltd. Vs Tahsildar — Property and Title | Kerala HC (2022)

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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 T.R.RAVI

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WEDNESDAY, THE 30^TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944

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WP(C) NO. 23645 OF 2022

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PETITIONER:

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JESUS KURIES (P) LTD KALLIYATH ROYAL SQUARE, PALACE ROAD, THRISSUR, REPRESENTED BY PRESENT CHAIRMAN PAVOO.P.R, S/O. RAPPAI, AGED 79 YEARS, PUTHOOKKARA HOUSE, KOTTEKAD,KUTTUR.P.O, THRISSUR, PIN - 680020

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BY ADV SRI V.C.MADHAVANKUTTY

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RESPONDENTS:

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1 TAHSILDAR MUKUNDAPURAM TALUK, CIVIL STATION, IRINJALAKUDA, PIN - 680125

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2 VILLAGE OFFICER VILLAGE OFFICE, AAMBALLORE, THRISSUR DISTRICT, PIN - 680301 3 SECRETARY TO GOVERNMENT REGISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANDAPURAM, PIN - 695001 SMT. DEEPA V., GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 23645 OF 2022

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C) No.23645 of 2022

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Dated this the 30^th day of November, 2022

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JUDGMENT

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The petitioner is a Company conducting Kuri. An extent of 10 cents in Sy.No.713/2 of Amballoor Village belonging to one Sri James was offered as security for the kury amount, with the petitioner Company. When Sri James committed default in payment, the petitioner filed a suit before the Sub Court, Irinjalakuda and the same was decreed in their favour. Thereafter execution proceedings were initiated and the petitioner purchased the property in the auction sale conducted. When the petitioner approached the 2^nd respondent for effecting mutation of the property, the same was denied for the reason that revenue recovery proceedings are pending on the properties of James. According to the petitioner there is no such proceedings in respect of the property as on the date of sale of the properties in the execution proceedings. The petitioner has filed this writ petition seeking a direction to respondents 1 and 2 to complete the mutation procedure in favour of the petitioner.

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The equitable mortgage in favour of the petitioner was on 31.3.2003. The petitioner filed O.S.No.561 of 2005 before the Sub

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WP(C) NO. 23645 OF 2022

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Court, Irinjalakuda, which was decreed on 12.7.2007.

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A counter affidavit has been filed by the 1^st respondent wherein it is stated that amounts were due to the Kerala Financial Corporation and the Kerala State Housing Board, but, admittedly the said dues were after the creation of the mortgage in favour of the petitioner.

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It is trite law that an attachment or a charge effected after the creation of a mortgage can only be subject to the mortgage. In such circumstances, the respondents are bound to complete the process of mutation in favour of the petitioner.

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The writ petition is hence allowed. The respondents 1 and 2 are directed to consider the application submitted by the petitioner evidenced by Ext.P3 receipt and effect mutation of the property in favour of the petitioner. Necessary orders shall be issued within one month from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE

dsn

WP(C) NO. 23645 OF 2022

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APPENDIX OF WP(C) 23645/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE DECREE PASSED BY THE PRINCIPLE SUB JUDGE, IRINJALAKUDA DATED 12.07.2007 Exhibit P2 TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE SUB JUDGE, IRINJALAKKUDA DATED 31.08.2017 IN EP.NO.408/2013 IN OS. NO. 561/2005 Exhibit P3 TRUE COPY OF THE RECEIPT DATED 24.07.2019 FOR AN AMOUNT OF RS.45/- SHOWING PAYMENT OF FEE FOR MUTATION OF THE PROPERTIES IN EP.NO. 408/2013 IN OS 561/2013

Jesus Kuries (P) Ltd. v. Tahsildar

Case brief

What is this about?

What did the court decide?

Jesus Kuries (P) Ltd. v. Tahsildar

Case brief

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