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Bank Of Baroda vs District Collector
2021 Latest Caselaw 13615 Ker

Citation : 2021 Latest Caselaw 13615 Ker
Judgement Date : 1 July, 2021

Kerala High Court
Bank Of Baroda vs District Collector on 1 July, 2021
WP(C) No.10107/2021                          1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
                 THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                               WP(C) NO. 10107 OF 2021(K)
  PETITIONERS:

      1. BANK OF BARODA, ROSARB, ERNAKULAM, PALLIMUKKU, M.G ROAD, ERNAKULAM,

          REPRESENTED BY ITS CHIEF MANAGER

      2. ANSAR A.S, S/O. ABDUL KHADERKUNJU, MANNANCHERRY P.O, ALAPPUZHA

          DISTRICT, PIN 688 538

      3. ARIF A.S, S/O. ABDUL KHADERKUNJU, MANNANCHERRY P.O, ALAPPUZHA

          DISTRICT PIN 688 538

  RESPONDENTS:

      1. DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN 688

          001

      2. SUB REGISTRAR, MARARIKKULAM SUB REGISTRAR'S OFFICE, MARARIKKULAM

          P.O, ALAPPUZHA DISTRICT PIN 688 522

      3. VILLAGE OFFICER, MANNANCHERRY VILLAGE, MANNANCHERRY P.O, ALAPPUZHA

          DISTRICT, PIN 688 538

      4. AGRICULTURE INCOME TAX AND SALE TAX OFFICER, STATE GENERAL SALES TAX

          DEPARTMENT, MINI CIVIL STATION, ALAPPUZHA 688 013

      5. THAHSILDAR (REVENUE RECOVERY) AMBALAPUZHA, KIDANGAMPARAMP, ALAPPUZHA
          DISTRICT PIN 688 013

         WRIT PETITION (CIVIL) praying inter alia that in the circumstances

         stated in the affidavit filed along with the the High Court be
         pleased to direct the 2nd respondent to register the originals of

         Exhibit P1 Sale certificate, pending disposal of the above Writ

         Petition.

         This petition coming on for orders upon perusing the petition and the

         affidavit filed in support of and upon hearing the arguments of

         M/s.K.M.ANEESH, SRI.K.SANTHOSH KUMAR (KALIYANAM), SRI.ADARSH KUMAR,

         SRI.BIJU VARGHESE ABRAHAM, SRI.DILEEP CHANDRAN, SRI.SHASHANK DEVAN

         Advocates for the petitioners and of GOVERNMENT PLEADER for

         Respondents 1 to 5, the court passed the following:
 WP(C) No.10107/2021                  2/3


EXHIBIT P1            TRUE COPY OF THE SALE CERTIFICATE DATED 2-03-2020
                      ISSUED IN FAVOUR OF 2ND AND 3RD PETITIONERS.

EXHIBIT P4            TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
                      W.P(C) NO. 35082/19
EXHIBIT P5            TRUE COPY OF THE LETTER NO. 6/2021 DATED 19-01-2021
                      ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6            TRUE COPY OF THE DIRECTION GIVEN BY THE 1ST RESPONDENT
                      TO THAHSILDAR (R.R)
 WP(C) No.10107/2021                           3/3




                           P.V.KUNHIKRISHNAN, J
                         ----------------------------------
                         W.P.(C.) Nos. 6348 of 2021
                               & 10107 of 2021
                           --------------------------------
                      Dated this the 1st day of July, 2021


                                       ORDER

It is clear that as on the date on which, Exts.P5 and P6

communications were issued, there is no appeal against Ext.P4

judgment and there is no interim order. Therefore, the 1 st and 2nd

respondents will file an affidavit before this Court for issuing

Exts.P5 and P6 communications, when Ext.P4 judgment is in force.

The affidavit should be filed on or before 9.7.2021. If there is no

affidavit, the 1st and 2nd respondents should appear in person,

before this Court.

Post on 12.7.2021.

sd/-

P.V.KUNHIKRISHNAN, JUDGE SKS

01-07-2021 /True Copy/ Assistant Registrar

 
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