Allowed

Chaandhini P.T.I. v. The Village Officer

Kerala HC7 Mar 2024WP(C)/4174/2024

Case brief

AI extract

What is this about?

The writ petition was allowed. The High Court set aside the order declining to issue a valuation certificate. The court directed the Village Officer to issue the certificate within three weeks, holding that the objection of judgment debtors cannot prevent issuance for execution of a decree.

What did the court decide?

Direction issued to the 1st respondent (Village Officer) to issue an authenticated copy of the valuation certificate within 3 weeks.

Chaandhini P.T.I. Vs The Village Officer — Kerala HC (2024) — LawSathi Research

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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 VIJU ABRAHAM

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THURSDAY, THE 7^TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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WP(C) NO. 4174 OF 2024

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PETITIONER:

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CHAANDHINI P.T.I.,AGED 37 YEARS CHAANDHINI P.T.I., D/O. INASI, PARAPPILLY HOUSE, CHERATHRIKKOVIL LANE, AZAD ROAD, KALOOR P.O., ERNAKULAM,, PIN - 682017

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BY ADVS. K.R.VINOD M.S.LETHA NABIL KHADER KELWIN SIMON DEVIKA S. MAZIN IBRAHIM

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RESPONDENTS:

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1 THE VILLAGE OFFICER, ARYAD SOUTH VILLAGE, ARYAD, ALAPPUZHA DISTRICT,, PIN - 688013

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2 HENTRY GEORGE HENTRY GEORGE, S/O. GEORGE, KIZHAKKE PULATHARA, ARATTUVAZHY, ALAPPUZHA,, PIN - 688007

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3 LEELAMMA W/O. GEORGE, KIZHAKKE PULATHARA, ARATTUVAZHY, ALAPPUZHA, PIN – 688007.

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GP – AJITH VISWANANTHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.4174 of 2024 2

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VIJU ABRAHAM,J

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W.P.(C).No.4174 of 2024

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Dated this the 7^th day of March, 2024

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JUDGMENT

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The petitioner has approached this Court

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challenging Ext.P5 order of the 1^st respondent and for a direction to the 1^st respondent to deliver authenticated copy of the valuation certificate of the property comprised in Re-survey No.141 in

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Block No.53 of Aryad South Village having an extent of 4.35 Ares having Thandaper No.15317

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within a time limit to be fixed by this Court.

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The brief facts necessary for the disposal of the writ petition are as follows: The petitioner

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is the decree holder in O.P.No.26/2014 on the files of the Family Court, Ernakulam and the respondents 2 and 3 are the judgment debtors

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therein. As per the decree, respondent Nos.2 and 3

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were directed to pay Rs.5,00,000/- with interest @

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6% per annum from the date of filing of the

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original petition till its realization and they

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are further directed to return gold ornaments

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W.P.(C).No.4174 of 2024 3

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mentioned in the 'A' schedule appended with the

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judgment or to pay Rs.5,50,000/- with interest @ 6% per annum to the petitioner. They were also directed to return petition B schedule items belonging to the petitioner within one month failing which they are liable to pay Rs.87,200/to the petitioner with interest @ 6% per annum.

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Apart from the aforesaid, the respondents 2 and 3 were further directed to pay Rs.3,23,000/- with interest @ 6% per annum from the date of petition to the petitioner herein.

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Petitioner submits that the judgment and decree of the Family Court, Ernakulam in OP No.26/2014 has became final in as much as

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respondents 2 and 3 have not preferred any appeal against the said judgment. Since the judgment and decree had not been complied with the petitioner was constrained to file Execution Petition as EP No.2/2018 before the Family Court, Ernakulam as Ext.P1. Petitioner submits that she has obtained an attachment before judgment of the property

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owned by respondents 2 and 3 situated at Aryad

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W.P.(C).No.4174 of 2024 4

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South Village, Alappuzha and the said property was

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sought to be auctioned by the petitioner in order to recover the decree debt. As the subject matter wherein sale is proposed to be conducted situates

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within the jurisdiction of Family Court, Alappuzha, Ext.P1 Execution Petition has been transferred to Family Court, Alappuzha for further proceedings wherein Ext.P1 Execution Petition has been renumbered as E.P.No.1/2020. Petitioner

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submits that in order to proceed with the proclamation and sale of the property attached by the petitioner, the Family Court directed the petitioner to produce the Valuation Certificate of the scheduled property and also the encumbrance Certificate. Thereupon, the petitioner addressed the Village Officer concerned by Ext.P2 request in

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this regard. Since there was a delay in considering the request of the petitioner for issuance of Valuation Certificate of the property, petitioner was constrained to approach this Court

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by filing WP(C) No.16861 of 2023 which was

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disposed of as per Ext.P4 judgment directing the

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W.P.(C).No.4174 of 2024 5

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1^st respondent to consider the request of the petitioner for issuance of a Valuation Certificate. Pursuant to the same, Ext.P5 order was issued declining the request made by the petitioner for issuance of a Valuation Certificate of the property, since respondents 2 and 3 have expressed their unwillingness to issue valuation

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certificate of the said property to the petitioner. Petitioner submits that the stand taken in Ext.P5 is absolutely arbitrary and unjust

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in as much as the purpose for making an application for issuance of a valuation certificate by the petitioner is to recover the decree debt payable by the respondents 2 and 3 is

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to put for sale the immovable property of respondents 2 and 3 herein which was attached by the petitioner during the original proceedings before the Family Court, Ernakulam. The objection now made by respondents 2 and 3 is to interdict the proposed sale proceedings of the immovable property. It is submitted that respondents 2 and 3

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will not give consent to the 1^st respondent to

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W.P.(C).No.4174 of 2024 6

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issue a valuation certificate of their property

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since they are fully aware that the said property

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would be placed in public auction by the Family

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Court to recover the decree debt as soon as

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valuation certificate has been issued by the 1^st

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respondent. It is in the said circumstance, the petitioner has approached this Court seeking a

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direction to the 1^st respondent to issue an

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authenticated copy of the valuation certificate of the property as requested in Ext.P2.

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A perusal of Ext.P5 would reveal that the

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only reason for non issuance of valuation certificate is the objection by the respondents 2 and 3, who are the owners of the property against which execution proceedings are initiated. In the said circumstance, this Court is of the view that a petition could be filed before the concerned court, and an order could passed after hearing the respondents 2 and 3, who are the judgment debtors.

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At this stage, the learned counsel for the petitioner would submit that in fact they have moved a petition as E.A.No.20 of 2023 in OP No.26

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W.P.(C).No.4174 of 2024 7

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of 2014 before the Family Court, Ernakulam wherein

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they sought for a direction to the Revenue Divisional Officer, Alappuzha to furnish the fair value of the attached property in survey No.141 in

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Block No.53 of Aryad South Village, Alappuzha District and the court has passed an order also on 30.5.2023 wherein the said EA was allowed. In

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spite of the the same, copy of valuation certificate was not issued. Thereafter, the petitioner has approached this Court by filing WP(C) No.16861/2023 wherein this Court as per

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Ext.P4 directed the 1^st respondent to consider the

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request of the petitioner for issuance of valuation certificate after affording an opportunity of being heard to the respondents 2 and 3. It is in spite of the specific direction issued by the Family Court to issue a valuation certificate and after a direction was issued by this Court as per Ext.P4 to consider the claim for

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issuing a valuation certificate that the application has been dismissed as per Ext.P5 for

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the sole reason that respondents 2 and 3 have

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W.P.(C).No.4174 of 2024 8

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objected for issuance of the same.

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When the matter came up for admission for

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hearing this Court issued notice to the respondents wherein notice has been served on respondents 2 and 3, but there is no appearance for them in this proceedings. In view of the fact

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that the Family Court has also issued specific direction for issuance of valuation certificate and the only objection is that the respondents 2 and 3, who are the judgment debtors, have opposed the issuance of valuation certificate, I am of the view that the stand taken by the respondents are without any basis. Admittedly, the order passed by the Family Court, Ernakulam in OP No.26/2014 has become final. The sale of the

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attached property could be proceeded further only on production of the valuation certificate of the schedule property.

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In view of the same, the rejection as per Ext.P5 on the request made by the petitioner is liable to be interfered with. Accordingly, Ext.P5

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is set aside with a consequential direction to the

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W.P.(C).No.4174 of 2024 9

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1^st respondent to issue a valuation certificate of the property comprised in Re-Survey No.141 in Block 53 of Aryad South Village having an extent of 4.35 Ares having Thandaper No.15317 at the earliest, at any rate, within an outer limit of 3 weeks from the date of receipt of a copy of the judgment.

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Writ petition is disposed of as above.

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VIJU ABRAHAM, JUDGE

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W.P.(C).No.4174 of 2024 10

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APPENDIX OF WP(C) 4174/2024

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PETITIONER'S EXHIBITS

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Exhibit P1 THE COPY OF E.P.NO.2/2018 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM Exhibit P2 THE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1 ST RESPONDENT DATED 10.05.2023 Exhibit P3 THE COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 1 ST RESPONDENT DATED 10.05.2023 Exhibit P4 THE COPY OF THE JUDGMENT IN W.P(C) NO. 16861/2023 DATED 30.10.2023 Exhibit P5 THE COPY OF THE ORDER OF THE 1 ST RESPONDENT DATED 23.12.2023

Chaandhini P.T.I. v. The Village Officer

Case brief

What is this about?

What did the court decide?

Chaandhini P.T.I. v. The Village Officer

Case brief

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