Rahul S vs State Of Kerala
2021 Latest Caselaw 18161 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943


                      WP(C) NO. 17461 OF 2021


PETITIONER:

    1     RAHUL S.,
          AGED 37 YEARS
          S/O. K.N. SURENDRAN,
          CHAKKUNGAL HOUSE, KUNNUMTHANAM P.O.,
          KAVIYOOR VILLAGE, MALLAPALLY TALUK,
          PATHANAMTHITTA-689591.

    2     C.P. JAINAMMA,
          AGED 61 YEARS
          W/O. K.N.SURENDRAN,
          CHAKKUNGAL HOUSE, KUNNUMTHANAM P.O.,
          KAVIYOOR VILLAGE, MALLAPALLY TALUK,
          PATHANAMTHITTA-689591.

          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,
          ERNKAULAM-682301.
 WP(C) NO. 17461 OF 2021
                                   2


     3       THE TAHSILDAR (RR),
             KANAYANNUR TALUK,
             ERNAKULAM-682312.

     4       THE VILLAGE OFFICER,
             MANAKUNNAM VILLAGE,
             ERNAKULAM-682312.

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


             BY ADV.
             SMT RESHMITHA RAMACHANDRAN- GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.09.2021,   THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17461 OF 2021
                                          3

                                   JUDGMENT

When the matter was called today, it was

conceded by the learned Government Pleader, Smt.

Resmitha Ramachandran, that issues analogous to

those impelled by the petitioners in this case have

already been considered by this Court in Ext.P6

judgment, in W.P.(C)No.3166 of 2021, filed by a

similarly situated person.

2. Smt.Suzanne Kurian, learned counsel for the

petitioners, affirmed that Ext.P6 covers all the

contentions urged by her clients in this case; and

thus prayed that the reliefs granted to the

petitioner therein be afforded to her clients also.

Taking note of the afore submissions, I allow

this Writ Petition in terms of Ext.P6; and

consequently direct the 2nd respondent - Sub

Registrar, Tripunithura to efface the attachment

shown in Ext.P5 Encumbrance Certificate with respect WP(C) NO. 17461 OF 2021

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

the property owned by the petitioners - having an

extent of 2 Ares and 2.00 Sqm. in Survey No.177/2/1

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/9.9 WP(C) NO. 17461 OF 2021

APPENDIX OF WP(C) 17461/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF SALE DEED NO.5017/2007 OF THRIPPUNITHURA SRO, EXECUTED IN FAVOR OF THE PETITIONERS.

Exhibit P2 A TRUE COPY OF THE RECTIFICATION DEED NO.

2800/2008 OF THRIPUNITHURA SRO DATED 14/07/2008.

Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06/08/2021 ISSUED BY THE 4TH RESPONDENT IN THE NAME OF PETITIONERS.

Exhibit P4 A TRUE COPY OF THE TAX RECEIPT DATED 26/05/2021 ISSUED BY THE 4TH RESPONDENT IN THE NAME OF PETITIONERS.

Exhibit P5 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 20/07/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 29/03/2021 IN WPC NO. 3166/2021 ON THE FILES OF THIS HON'BLE COURT.