Dismissed

David Marokhi, v. the Sub Registrar, Wadakkanchery

Kerala HC25 Jan 2022WP(C)/445/2022

Case brief

AI extract

What is this about?

Writ petition filed regarding a wrong entry in an Encumbrance Certificate. Petitioner alleges an attachment order issued post-purchase and seeks its removal. Court dismissed the petition leaving liberty to approach the District Court.

What did the court decide?

Liberty granted to petitioner to move the District Court to vacate the attachment order and subsequently approach the Sub Registrar to remove the entry.

David Marokhi, Vs the Sub Registrar, Wadakkanchery — Service and Employment | 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 DEVAN RAMACHANDRAN

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TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 445 OF 2022

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PETITIONER:

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DAVID MAROKHI, AGED 60 YEARS, S/O.RAPPAI,
MAROKHI HOUSE, THANGALUR, THRISSUR-680 581.

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BY ADVS.
C.A.ANOOP
R.KRISHNA

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RESPONDENTS:

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1 THE SUB REGISTRAR, WADAKKANCHERY, THE SUB REGISTRAR OFFICE, MINI CIVIL STATION, WADAKKANCHERY-680 582.

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2 THE VILLAGE OFFICER, PERINGANDUR VILLAGE OFFICE, ATHANI THIRUTHIPARAMBIL ROAD, CHIRAKKUNNU, THRISSUR-680 581.

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3 THE THAHASILDAR, TALAPPILLY TALUK OFFICE, KODUNGALLUR SHORNUR ROAD, WADAKKANCHERY, TRISSUR-680 623.

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SMT K AMMINIKUTTY SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 445/22

JUDGMENT

The petitioner has approached this Court alleging that there

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is a wrong entry in Ext.P3 Encumbrance Certificate, with respect

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to the property he has purchased in the year 2007.

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The petitioner says that, going by Entry No.5 in Ext.P3, there obtains no sense with respect to the order reflected therein, particularly because it does not mention the Court’s name or the correct number of the proceedings. He adds that, in any event of the matter, since the order itself is stated to have been issued on 27.03.2008, which is much after the date of purchase of the property by him, the Sub Registrar is obligated in law to delete it. He, therefore, prays that the said Authority be directed to remove

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the said entry from the Encumbrance Certificate and issue him a fresh one.

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In response to the afore submissions made on behalf of

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the petitioner by his learned counsel – Sri.C.A.Anoop,

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WPC 445/22

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Smt.K.Amminikutty – learned Senior Government Pleader, made

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available a copy of the order, which is reflected as Entry No.5 in Ext.P3, across the Bar. The said order has been issued by the learned District Judge, Ernakulam, in O.P.Arb.No.353/2008 dated 25.03.2008.

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Even though Ext.P3 does not correctly record the details of the order, the fact remains that one such had been issued by the District Judge, Ernakulam. Of course, the said order has been issued after the petitioner purchased the property in question. Obviously, therefore, he obtains a right to move the learned District Court and have this order of attachment vacated; in which event, the Sub Registrar must certainly take necessary action to delete Entry No.5 from Ext.P3.

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Resultantly, leaving liberty to the petitioner to move the District Court in O.P.Arb.No.353/2008, I order this Writ Petition; leaving him further liberty to approach the Sub Registrar with any order to be issued by the said Court, based on which, the

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WPC 445/22

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impugned entry will be removed as per law.

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Needless to say, if the petitioner makes any request before the District Court, Ernakulam for the afore purpose, same shall be considered without any avoidable delay and as expeditiously as is possible.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

JUDGE

WPC 445/22

APPENDIX OF WP(C) 445/2022

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PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE DOCUMENT NO.2008/07
OF WADAKKANCHERY SUB REGISTRAR OFFICE
DATED 23.04.2007.
Exhibit P2THE TRUE COPY OF THE TAX RECEIPT OF THE
SAID PROPERTY DATED 12.12.2018.
Exhibit P3THE TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 18.01.2019.

David Marokhi, v. the Sub Registrar, Wadakkanchery

Case brief

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David Marokhi, v. the Sub Registrar, Wadakkanchery

Case brief

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