Petitioner challenged a Tahsildar's order permitting mutation of her 2013-purchased property only subject to two attachments made after purchase for debts of the predecessor. Court held her remedy was to seek release of attachments under Section 46 Kerala Revenue Recovery Act and before MACT Manjeri, then pursue mutation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 22ND DAY OF JULY 2024 / 31ST ASHADHA, 1946
WP(C) NO. 28542 OF 2023
PETITIONER:
RAJASREE RAJEEV
AGED 48 YEARS
D/O. BALARAMAN PILLAI,
SREEPARVATHY HOUSE, KALLISSERY, CHENGANNUR,
ALAPPUZHA, PIN – 689121
BY ADVS.
C.K.SREEJITH
CYRILL SKARIA
RESPONDENTS:
1VILLAGE OFFICER
THIRUVANVANDOOR VILLAGE, ALAPPUZHA DISTRICT,
PIN – 689124
2 TAHSILDAR (LAND RECORDS) TALUK OFFICE, CHENGANNUR, ALAPPUZHA, PIN – 6891213 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN – 6880014 DEPUTY COLLECTOR 1ST FLOOR, COLLECTORATE, ALAPPUZHA, PIN – 6880015 LAND REVENUE COMMISSIONER REVENUE COMPLEX, PUBLIC OFFICE BUILDING, TRIVANDRUM, PIN – 6950016 KERALA GRAMIN BANK THIRUVANDOOR, REP. BY ITS BRANCH MANAGER, KALLISSERY BRANCH, KALLISSERY P.O., ALAPPUZHA, PIN – 689121WP(C) No.28542 of 2023 2
7MR. C.A. RAJESH
S/O. AYYAPPAN, RESIDING AT CHATHINADATHU HOUSE,
UMAYATTUKARA MURIYIL, KALLISSERI P.O.,
THIRUVANVANDOOR VILLAGE, THIRUVANVANDOOR GRAMA
PANCHAYAT, ALAPPUZHA DISTRICT, PIN – 689121
8UNITED INDIA INSURANCE COMPANY LTD.
BRANCH OFFICE, GROUND FLOOR, KDC BANK BUILDING,
KUNNAMANGALAM, KOZHIKODE -673571
(ADDITIONAL R8 IS IMPLEADED AS PER THE ORDER DTD.
20.6.2024 IN IA 02/2024 IN THE WPC)
BY ADV.
RAJEEV JYOTHISH GEORGE, GP,
JAWAHAR JOSE, SC FOR R6
P.K.MANOJ KUMAR, SC FOR R8
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.28542 of 2023 3
JUDGMENT
The petitioner is aggrieved by the condition imposed while passing Ext.P6 order by the 2nd respondent-Tahsildar that the mutation will be effected only showing the encumbrance over the property.
WP(C) No.28542 of 2023 4
first attachment was effected in the year 2017 and the second one in the year 2018. The first attachment was at the instance of the 6th respondent and the second attachment was ordered at the instance of the 8th respondent by virtue of the award passed by the MACT, Manjeri. Both those attachments were made for the liability of the predecessor in interest of the petitioner. Since, the attachments were made for the liability of the predecessor in interest of the petitioner after the petitioner purchased the property in the year 2013, the remedy open to the petitioner is to approach the appropriate authorities under law to lift the attachments.
WP(C) No.28542 of 2023 5
officer and the MACT, Manjeri shall entertain such application condoning the delay, if any, and dispose of the same, in accordance with law, after hearing the petitioner as well as the interested parties. After the attachment is lifted, the petitioner shall produce necessary evidence before the 1st respondent, who shall then take a decision on the application for mutation, in accordance with law.
With the above observations, this Writ Petition is disposed of.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
AJ
WP(C) No.28542 of 2023 6
APPENDIX OF WP(C) 28542/2023
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE SALE DEED/ DOCUMENT
NO. 543/2013, SRO CHENGANNUR
EXHIBIT P2THE TRUE COPY OF THE CERTIFICATE OF
ENCUMBRANCE OF THE PROPERTY ISSUED BY THE
REGISTRATION DEPARTMENT DATED 4/7/2022
EXHIBIT P3THE TRUE COPY OF THE RENT AGREEMENT DATED
5/8/2022
EXHIBIT P4THETRUECOPYOFTHELETTER/
REPRESENTATION DATED 1/3/2023
EXHIBIT P5THE TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 12399/2023 ON THE FILE OF HON'BLE
HIGH COURT OF KERALA, ERNAKULAM DATED
5/4/2023
EXHIBIT P6THE TRUE COPY OF THE ORDER PASSED BY THE
2ND RESPONDENT DATED 1/8/2023
EXHIBIT P7THE TRUE COPY OF THE CERTIFICATE OF
RECOVERY OF RS.921778/- INFAVOUR OF 6TH
RESPONDENT DATED 20/8/2018
EXHIBIT P8THE TRUE COPY OF THE CERTIFICATE OF
RECOVERY IN RRC. NO. 2017/4387/10 ON THE
FILE OF DEPUTY COLLECTOR, ALLEPPY
EXHIBIT P9THE TRUE COPY OF THE AWARD IN OP (MV)
643/2011 ON THE FILE OF THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL , MANJERI
1 issue framed by the court
Whether mutation of land purchased in 2013 can be effected free of subsequent attachments imposed for liabilities of the predecessor-in-interest.
1 provisions across 1 enactments
Rajasree Rajeev
Village Officer, Thiruvanvandoor Village
Tahsildar (Land Records), Chengannur
District Collector, Alappuzha
Deputy Collector, Alappuzha
Land Revenue Commissioner
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court