Kerala High Court
Jiji T.P vs The Sub Registrar on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,
1943
WP(C) NO. 17868 OF 2021
PETITIONER:
JIJI T.P.
AGED 36 YEARS
D/O. BHASKARAN.T.P., THEKKEKARAPARAMBIL HOUSE,
MANATHUMANGALAM, PERINTHALMANNA P.O.,
MALLAPPURAM DISTRICT, PIN-679 322.
BY ADVS.
RINU. S. ASWAN
V.R.REKESH
RESPONDENTS:
1 THE SUB REGISTRAR
PERINTHALMANNA SUB REGISTRAR OFFICE,
PERINTHALAMANNA,
MALLAPPURAM DISTRICT,PIN-679 332.
2 THE INSPECTOR GENERAL,
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR, THIRUVANANTHAPURAM,PIN-695 035.
3 THE DISTRICT REGISTRAR,
OFFICER OF THE DISTRICT REGISTRAR,
CIVIL STATION, MALLAPPURAM DISTRICT,PIN-675 505.
BY ADV. SRI.M.H.HANIL KUMAR (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17868 of 2021 (G)
2
JUDGMENT
The petitioner says that she belongs
to a Scheduled Caste community and that she
was the beneficiary of a scheme for
rehabilitation of persons like her in the year
2016-2017, sponsored by the Government of
Kerala.
2. She says that with the aid of funds
allocated to her by the Directorate of
Scheduled Caste Development Department, she
purchased an extent of 2 Are 3 Sq.m of land,
comprised of in Survey No.111/6-3 of the
Pathayikkara Village, from its original owner,
a certain Sri.Praveen Kumar, as per Ext.P1
sale deed; and that she thereafter remitted
tax on it, which is evident from Exts.P2 and
P3. She asserts that she has been in
continuous possession of the property ever
since and she relies on Ext.P4 possession
certificate in substantiation and adds that,
W.P.(C) No.17868 of 2021 (G)
subsequently, she began construction of a
residential building thereon on the strength
of Ext.P5 building permit.
3. The petitioner alleges that, however,
when she approached certain Financial
Institutions and Banks for availing loans to
aid the said construction, she found that an
attachment on the property was entered in the
Encumbrance Certificate, at the instance of
the Inspector General of Registration, Kerala,
with respect to certain debts alleged to have
been owed to the Government by the
aforementioned Sri.Praveen Kumar.
4. The petitioner says that, as is
evident from the relevant entry in Ext.P7, the
attachment is dated 21.01.2017; while the sale
of the property in her favour was completed as
early as on 17.10.2016. The petitioner,
therefore, prays that the Sub Registrar be
directed to efface the attachment over the
W.P.(C) No.17868 of 2021 (G)
property in question, so as to enable her to
approach a Bank/Financial Institution for
availing loan for the purpose completing her
residential construction.
5. The afore submissions, made on behalf
of the petitioner by her counsel, Sri.Rinu
S.Aswan, were answered by the learned Special
Government Pleader - Sri.Hanil Kumar,
explaining that Sri.Praveen Kumar owes large
amounts to the Government and that it is in
such circumstances, that instructions were
issued to the Inspector General of
Registrations to show an attachment over the
property, so as to proceed against it
appropriately. He thus argued that the
impugned entry in Ext.P7 cannot be found to be
in error; and added that, in any event of the
matter, the petitioner cannot have any
grievance against the attachment, since it is
made validly against Sri.Praveen Kumar and
W.P.(C) No.17868 of 2021 (G)
his assets. The learned Government Pleader,
therefore, prayed that this writ petition be
dismissed.
6. When I consider the afore submissions,
there can be no doubt that the order of
attachment will get primacy, only if it has
been made before the date on which the
property in question had been sold by
Sri.Praveen Kumar. This is because, as afore
stated by the learned Senior Government
Pleader, the State can recover its debts from
Sri.Praveen Kumar and his assets only.
7. I am, therefore, of the firm view that
as long as the Competent Authorities have not
taken any steps to have Ext.P1 document set
aside through a process of law, they cannot
inhibit the petitioner from enjoying her
property merely because they have effected an
attachment over it on a date subsequent to the
sale.
W.P.(C) No.17868 of 2021 (G)
8. Resultantly, I order this writ
petition and direct the 1st respondent - Sub
Registrar to efface the entry of attachment
over the property in question and issue a
fresh Encumbrance Certificate to her without
such entry within a period of two weeks from
the date of receipt of a copy of this
judgment.
I, however, clarify the above
directions are without prejudice to the right,
if any, of the Government to proceed against
Ext.P1, if they are so advised.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN, JUDGE.
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W.P.(C) No.17868 of 2021 (G)
APPENDIX OF WP(C) 17868/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED
NO.4312/1/2016 DATED 14.10.2016 OF
PERINTHALMANNA SRO.
EXHIBIT P2 A TRUE COPY OF THE TAX RECEIPT ISSUED
FROM PATHAIKKARA VILLAGE OFFICE DATED
08.05.2018.
EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT ISSUED
FROM PATHAIKKARA VILLAGE OFFICE DATED
21.10.2019.
EXHIBIT P4 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED FROM PATHAIKKARA
VILLAGE OFFICE DATED 22.06.2018.
EXHIBIT P5 A TRUE COPY OF THE BUILDING PERMIT
ISSUED FORM PERINTHALMANNA MUNICIPAL
OFFICE DATED 29.09.2018.
EXHIBIT P6 A TRUE COPY OF THE LATEST PHOTOGRAPH
SHOWING CURRENT CONDITION OF THE
RESIDENTIAL BUILDING OF THE
PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE VIDE PETITION NO.11074/18
DATED 12.11.2018.
EXHIBIT P8 A TRUE COPY OF REPRESENTATION TO THE
1ST RESPONDENT DATED 14.11.2019 ALONG
WITH ACKNOWLEDGMENT CARD.
EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION TO
THE 2ND RESPONDENT DATED 14.11.2019
ALONG WITH ACKNOWLEDGMENT CARD.
