Royal Medical Trust vs The District Collector
2021 Latest Caselaw 17843 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                          WP(C) NO. 8636 OF 2021


PETITIONER:

              ROYAL MEDICAL TRUST, REP. BY ITS CHAIRMAN,
              ABDUL RAZAK MOIDEEN, MANGODE P.O., CHERPULASSERY,
              PALAKKAD DISTRICT 679 503

              BY ADV P.M.SANEER


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              CIVIL STATION, PALAKKAD PIN 678 001.

     2        THE TAHSILDAR, OTTAPALAM, TALUK OFFICE OTTAPALAM
              PALAKKAD DISTRICT, PIN CODE 679 101

     3        THE VILLAGE OFFICER
              THIKKEDARI II VILLAGE OFFICE, OTTAPALAM TALUK,
              PALAKKAD DISTRICT. PIN CODE 679 101




              SRI.ASHWIN SETHUMADHAVAN - SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 8636/21
                                              2



                              JUDGMENT

The petitioner has approached this Court

seeking a direction to respondents 2 and 3 to

accept the land tax and issue location sketch and

possession certificate with respect to his

property covered by Exts.P2(a) to P2(g) Tax

Receipts, comprised of in various survey numbers

in the Thrikkedari Village, Ottappalam, Palakkad.

2. The petitioner says that respondents 2

and 3 have refused to allow him to pay the tax and

to seek the afore documents solely because an

attachment has been brought upon the property by

another person, as is evident from Ext.P3, through

the Sub Court, Ottappalam. He contends that the

mere existence of an attachment over the property

will not disentitle him from seeking to pay tax or

to receive documents as requested for. He,

therefore, prays that respondents 2 and 3 be WPC 8636/21

directed to do so within a time frame to be fixed

by this Court.

3. The afore submissions of the petitioner,

made by his learned counsel - Sri.P.M.Saneer, were

answered by the learned Senior Government Pleader

- Sri.Aswin Sethumadhavan, saying that respondents

2 and 3 will have no objection in acceding to the

request of the petitioner, provided that they are

permitted to make necessary endorsements in the

documents in question, indicating that Ext.P3

attachment order is alive on the property

concerned. He submitted that if this Court is so

inclined, respondents 2 and 3 will allow the

petitioner to pay land tax and will also issue the

documents and certificates sought for by him with

the aforementioned endorsement.

4. When I hear the learned Senior Government

Pleader as afore, it is without doubt that, as

long as there is an attachment over the property

which is still subsisting, the competent Authority WPC 8636/21

will have to issue the documents only with an

endorsement indicating the same. I see no reason

why respondents 2 and 3 should have waited for an

order from this Court for such purpose.

In the afore circumstances, I order this writ

petition and direct the competent among

respondents 2 and 3 to allow the petitioner to pay

land tax with respect to the property covered by

Exts.P2(a) to P2(g) Tax Receipts, as also to issue

him the location sketch and possession certificate

as per his application; however, endorsing thereon

that Ext.P3 attachment order is in effect over the

properties in question under the orders of the Sub

Court, Ottappalam.

The afore exercise shall be completed without

any avoidable delay, but not later than two weeks

from the date on which the petitioner approaches

respondents 2 and 3 with a copy of this judgment.

At this time, the learned Senior Government

Pleader intervened to say that he has instructions WPC 8636/21

that there are other liabilities on the property

and that the endorsements of the same be also

permitted to be included.

It goes without saying that if there is any

subsisting liabilities on the property, the

endorsement I have referred above shall be with

respect to all of them and not to Ext.P3 alone.

Sd/-

RR                                   DEVAN RAMACHANDRAN
                                           JUDGE
 WPC 8636/21


                 APPENDIX OF WP(C) 8636/2021

PETITIONER EXHIBITS

EXHIBIT P1          A TRUE COPY OF THE ORDER

NO.DCPKD/1858/2020-JS DT DTD. 19/3/2020 OF THE 1ST RESPONDENT.

EXHIBIT P2 (A) A TRUE COPY OF TAX RECEIPT IN THANDAPER NO.3926 ISSUED BY THE TRIKKADEVI II VILLAGE OFFICE DTD. 4/7/2019

EXHIBIT P2 (B) A TRUE COPY OF TAX RECEIPT IN THANDAPER NO.3927 ISSUED BY THE TRIKKADEVI II VILLAGE OFFICE DTD. 4/7/2019

EXHIBIT P2(C) A TRUE COPY OF TAX RECEIPT IN THANDAPER NO.3948 ISSUED BY THE TRIKKADEVI II VILLAGE OFFICE DTD. 4/7/2019

EXHIBIT P2(D) A TRUE COPY OF TAX RECEIPT IN THANDAPER NO.7024 ISSUED BY THE TRIKKADEVI II VILLAGE OFFICE DTD. 4/7/2019

EXHIBIT P2(E) A TRUE COPY OF TAX RECEIPT IN THANDAPER NO.7025 ISSUED BY THE TRIKKADEVI II VILLAGE OFFICE DTD. 4/7/2019

EXHIBIT P2(F) A TRUE COPY OF TAX RECEIPT IN THANDAPER NO.7026 ISSUED BY THE TRIKKADEVI II VILLAGE OFFICE DTD. 4/7/2019

EXHIBIT P2(G) A TRUE COPY OF TAX RECEIPT IN THANDAPER NO.7027 ISSUED BY THE TRIKKADEVI II VILLAGE OFFICE DTD. 4/7/2019

EXHIBIT P3 A TRUE OF THE ATTACHMENT BEFORE JUDGMENT UNDER ORDER 38 RULE 5 IN OS NO.98/2019 DTD. 30/12/2019 OF SUB COURT, OTTAPALAM.

EXHIBIT P4 A TRUE COPY OF REQUEST DTD. 15/3/2021 SUBMITTED BY THE PETITIONER BEFORE THE WPC 8636/21

2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DTD. 17/3/2021

EXHIBIT P6 A TRUE COPY OF THE ESSENTIALITY CERTIFICATE DTD 5/11/2020 ISSUED BY THE GOVERNMENT OF KERALA.

RESPONDENTS' EXTS:

ANNEXURE R2(A) TRUE COPY OF THE REPORT OF VILLAGE OFFICER DATED 20.03.2021

TRUE COPY OF THE GO ANNEXURE R2(B) NO.69061/G1/11REVENUE DATED 28.03.2019

ANNEXURE R2(C) TRUE COPY OF THE CIRCULAR NO.DCPKD/8268/2018-CA1 DATED 26.01.2019