Joseph Saju Mathew vs State Of Kerala
2021 Latest Caselaw 21980 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                       WP(C) NO. 23987 OF 2021
PETITIONERS:

    1     JOSEPH SAJU MATHEW
          AGED 59 YEARS
          S/O M.J.MATHEW,
          WORKING WITH LIC,
          PROFILE AVENUE, FLAT NO.8,
          11-ANUDH ROAD, KHADKI,
          PUNE-411020. HAVELI,
          PUNE DISTRICT,
          MAHARASHTRA STATE.

    2     ELIZABETH SAJU MATHEW
          W/O JOSEPH SAJU MATHEW,
          LECTURER, PROFILE AVENUE,
          FLAT NO.8, 11-ANUDH ROAD,
          KHADKI, PUNE-411020, HAVELI,
          PUNE DISTRICT, MAHARASHTRA STATE.

          BY ADVS.
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          SUZANNE KURIAN
          CIMIL CHERIAN KOTTALIL



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE SUB REGISTRAR
          SUB-REGISTRAR'S OFFICE, THRIPPUNITHURA,
          ERNAKULAM-682301.

    3     THE TAHSILDAR (RR)
          KANAYANNUR TALUK, ERNAKULAM-682312.
 WP(C) NO. 23987 OF 2021           2

     4     THE VILLAGE OFFICER
           MANAKUNNAM VILLAGE, ERNAKULAM-682312.

     5     STATE TAX OFFICER(WORKS CONTRACT)
           OFFICE OF THE STATE TAX OFFICER, OLD RAILWAY
           STATION ROAD, ERNAKULAM-682018.

           SMT.RESHMITHA RAMACHANDRAN - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23987 OF 2021                   3

                                   JUDGMENT

When the matter was called today, it was

conceded by the learned Government Pleader,

Smt.Reshmitha Ramachandran, that issues analogous to

those impelled by the petitioners in this case have

already been considered by this Court in Ext.P5

judgment, in W.P.(C)No.17461 of 2021, filed by

similarly situated persons.

2. Smt.Suzanne Kurian, learned counsel for the

petitioners, affirmed that Ext.P5 covers all the

contentions urged by her clients in this case; and

thus prayed that the reliefs granted to the

petitioners therein be afforded to her clients also.

Taking note of the afore submissions, I allow

this Writ Petition in terms of Ext.P5; and

consequently direct the 2nd respondent - Sub

Registrar, Tripunithura to efface the attachment

shown in Ext.P4 Encumbrance Certificate with respect

to the sale tax dues of the builder, in so far as

the property owned by the petitioners - having an

extent of 2.02 Ares in Resurvey No.233/2 in Block

No.19 of Manakkunnam Village - which is covered by

Ext.P1 sale deed of the SRO, Tripunithura, is

concerned.

Needless to say, the 2nd respondent will issue

fresh Encumbrance Certificate to the petitioners in

respect of the property covered by Ext.P1, on them

making an appropriate application for the said

purpose, after following imperative procedure as per

the relevant statutes.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/3.11

APPENDIX OF WP(C) 23987/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF SALE DEED NO. 4080/2007 OF THRIPPUNITHURA SRO EXECUTED IN FAVOUR OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 04.10.2021 ISSUED BY THE 4TH RESPONDENT IN THE NAME OF PETITIONERS.

Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05.10.2021 ISSUED BY THE 4TH RESPONDENT IN THE NAME OF PETITIONERS.

Exhibit P4 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 05.10.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 03.09.2021 IN WPC NO.17461/2021 ON THE FILES OF THIS HON'BLE COURT.