Pathrose vs The Thahasildar, Kunnathunad ...
2021 Latest Caselaw 17521 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                       WP(C) NO. 14596 OF 2021
PETITIONER:

               PATHROSE
               AGED 56 YEARS
               S/O.POULOSE, KALAPURACKAL HOUSE, VELINGA
               PURAYIDOM, NORTH MUZHAVANNUR P.O.,
               AIRAPURAM - 686 691.

               BY ADVS.
               SRI.A.T.ANILKUMAR
               SMT.V.SHYLAJA

RESPONDENTS:

    1          THE THAHASILDAR, KUNNATHUNAD TALUK
               PERUMBAVOOR P.O., PIN - 683 542.

    2          THE VILLAGE OFFICER
               MAZHUVANNUR VILLAGE, MAZHUVANNUR,
               ERNAKULAM DISTRICT - 686 669.


               BY ADV. SRI.M.H HANIL KUMAR, SPECIAL GP


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   26.08.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.14596 of 2021(Y)
                                2




                            JUDGMENT

The petitioner seeks that the 2nd respondent be

directed to issue location sketch of the property covered by

Ext.P1 tax receipt, notwithstanding the pendency of an order

of attachment against it.

2. The learned Special Government Pleader,

Sri.M.H.Hanil Kumar, in response, submitted that, as is evident

from Ext.P1, the tax receipt has been issued in favour of the

petitioner with an endorsement regarding order of attachment

of the Sub Court, Perumbavoor in O.S.No.60/20. He submitted

that, therefore, if this Court is so inclined, the 2 nd respondent

can issue the location sketch and other documents, as may be

requested by the petitioner, making the same endorsement

therein also.

3. When I hear the learned Special Government

Pleader as afore, I do not see why the 2nd respondent should

shy away from issuing a location sketch merely because there

is an order of attachment, over the property in question,

particularly when he is at liberty to record therein that such an WPC No.14596 of 2021(Y)

order is alive.

In the above circumstances, I accept the afore

suggestions of the learned Special Government Pleader and

direct the 2nd respondent to issue the location sketch with

respect to the property covered by Ext.P1 to the petitioner -

along with an endorsement of the pendency of the order of

Attachment ordered from the Sub Court, Perumbavoor - as

expeditiously as is possible, but not later than two weeks from

the date of receipt of a certified copy of this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ww WPC No.14596 of 2021(Y)

APPENDIX OF WP(C) 14596/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY FOR THE YEAR 2021-2022 DATED 12/04/2021.

EXHIBIT P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 01/02/2021.

EXHIBIT P3 TRUE COPY OF THE PLAINT IN OS NO.60/2020 DATED 19/10/2020.

EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 05/07/2021.