Anish Jain vs State Of Kerala
2021 Latest Caselaw 23953 Ker

WPC 25760/21
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                       WP(C) NO. 25760 OF 2021
PETITIONER/S:

           ANISH JAIN,
           AGED 32 YEARS
           S/O.K.V.JAIN, RESIDING AT KOLAPPILLIL HOUSE,
           THRIKKANARVATTOM DESOM, ERNAKULAM VILLAGE,
           KANAYANNUR TALUK, ERNAKULAM NORTH P.O., ERNAKULAM
           DISTRICT, PIN-682 018.
           BY ADVS.
           NIRMAL V NAIR
           AJAI BABU
           R.PRADEEP (TRIVANDRUM)
           ABIN SHEEREJ NARAYAN
           ANJALI AMBROSE


RESPONDENT/S:

     1     STATE OF KERALA,
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           REVENUE DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.
     2     THE DISTRICT COLLECTOR, ERNAKULAM,
           CIVIL STATION, KAKKANAD P.O., ERNAKULAM-682 030.
     3     TAHSILDAR (LAND RECORD),
           KANAYANNUR TALUK, KANAYANNUR TALUK OFFICE, PARK
           AVE, NEAR SUBHASH PARK, ERNAKULAM HEAD POST
           OFFICE, MARINE DRIVE, KOCHI-682 011.
     4     THE VILLAGE OFFICER, ERNAKULAM VILLAGE OFFICE,
           DISTRICT COURT ERNAKULAM, ERNAKULAM HEAD POST
           OFFICE, MARINE DRIVE, KOCHI-682 011.
     5     DILPEE KUMAR.C.S.,
           AGED 57 YEARS
           S/O.SANKUNNY VAIDYAN, CHARANTHARAYIL HOUSE,
           THURUTHY TEMPLE ROAD, CHAMPAKARA, MARADU P.O.,
           ERNAKULAM-682 304.
           BY ADVS.
 WPC 25760/21
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           SAIJO HASSAN
           BENOJ C AUGUSTIN


OTHER PRESENT:

           SMT.SURYA BINOY.SR.G.P.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.12.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 25760/21
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                                JUDGMENT

The petitioner has approached this Court seeking a direction

to the 4th respondent to effect Transfer of Registry of the property

covered by Ext.P1 in his favour, within a time frame to be fixed

by this Court; and for a consequential direction to the 4th

respondent to allow him to remit land tax thereon subsequently.

2. The learned Senior Government Pleader - Smt.Surya

Binoy, in answer to the afore submissions of Sri.Nirmal.V.Nair -

learned counsel for the petitioner, submitted that the 4th

respondent did not effect Transfer of Registry being under the

impression that Ext.P6 order of the Sub Court, Ernakulam,

interdicts the same. She submitted that, however, it has now been

revealed that said order does not relate to the property of the

petitioner, but that of the 1st defendant shown in Ext.P3 suit

alone. She submitted that, therefore, if this Court is so inclined,

the 4th respondent can accede to the request of the petitioner, WPC 25760/21

after hearing him.

3. Sri.Hassan U.M. - learned counsel for the 5th

respondent, submitted that Ext.P3 suit is still pending with respect

to the property in question, in which his client has sought that

Ext.P1 Sale Deed be set aside. He, however, conceded that, as of

now, there are no interdictory orders against the said Sale Deed

and that Ext.P6 only relates to the property owned by the 1 st

defendant in the said Suit.

4. When I evaluate the afore submissions, it is indubitable

that, at present, there is no legal impediment for the 4 th

respondent to accede to the request of the petitioner, though it is

possible that, in future, Sub Court, Ernakulam, may allow Ext.P3

suit; however, merely because there is such a chance, it will not

be permissible for the 4th respondent to avoid transfer of Registry

of the property in favour of the petitioner any further.

Resultantly, I order this Writ Petition, directing the 4 th

respondent to effect transfer of Registry of the property covered by WPC 25760/21

Ext.P1 in favour of the petitioner, subject to all other requisite

and necessary conditions being complied with, as expeditiously as

is possible but not later than two weeks from the date of receipt

of a copy of this judgment.

I make it clear that even if the transfer of Registry is

effected in favour of the petitioner and should the Sub Court,

Ernakulam, find in favour of the prayers in Ext.P3 Suit, thus

leading to Ext.P1 being set aside, then all consequential action for

canceling the transfer shall be done by the 4th respondent, on the

application of the petitioner at the relevant time.

Needless to say, resultant to the transfer of Registry as

ordered above, the petitioner will be at liberty to approach the 3 rd

respondent for remittance of the Land Tax on the property in

question, which shall be acceded to without any avoidable delay.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 25760/21


                APPENDIX OF WP(C) 25760/2021

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF SALE DEED NO.263/2021

DATED 27.01.2021 OF THE ERNAKULAM SUB REGISTRAR OFFICE.

Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 28.09.2020.

Exhibit P3 A TRUE COPY OF THE PLAINT IN OS NO.43/2021 ON THE FILES OF THE III ADDITIONAL SUB JUDGE, ERNAKULAM.

Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 30.03.2018 PRODUCED IN OS NO.43/2021. Exhibit P5 A TRUE COPY OF AFFIDAVIT AND PETITION IN IA NO.1/2021 IN OS NO.43/2021 ON THE FILES OF THE III ADDITIONAL SUB JUDGE, ERNKULAM.

Exhibit P6 A TRUE COPY OF AFFIDAVIT AND PETITION IN IA NO.2/2021 IN OS NO.43/2021 ON THE FILES OF THE III ADDITIONAL SUB JUDGE, ERNAKULAM.

Exhibit P7 A TRUE COPY OF THE ORDER DATED 01.03.2021 IN IA NO.1/2021 IN OS NO.43/2021 ON THE FILES OF THE III ADDITIONAL SUB JUDGE, ERNAKULAM.

Exhibit P8 A TRUE COPY OF THE ORDER NO.S4-7163/2021 DATED 20.10.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 A TRUE COPY OF THE ORDER NO.742/2021 DATED 10.11.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 22.05.2015 IN WPC NO.4746/2013 REPORTED IN 2015(3)KLJ 197 ON THE FILES OF THIS HONOURABLE COURT.