Citation : 2021 Latest Caselaw 13615 Ker
Judgement Date : 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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