Biju V.S vs The District Collector
2022 Latest Caselaw 3022 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                      WP(C) NO. 29742 OF 2021
PETITIONER:

          BIJU V.S.
          AGED 52 YEARS
          S/O.SIVAN, VETTUKALLUMAKAL(H), RAJAKKAD.P.O,
          RAJAKKAD, IDUKKI-685566.

          BY ADV L.RAJESH NARAYAN



RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         COLLECTORATE, COLLECTORATE, KUYILIMALA,
         PAINAV.P.O, IDUKKI-685603.

    2    THE VILLAGE OFFICER,
         RAJAKKAD-KUTHUMKAL-MAILADUMPARA ROAD,IDUKKI-685566.

    3    THE BRANCH MANAGER,
         UNION BANK OF INDIA, RAJAKKADU BRANCH, RAJAKKAD,
         IDUKKI-685566.

    4    V.P.SAJEEV,
         AGED 55 YEARS
         S/O.PRABHAKARAN, VETTUKALLUMAKAL(H),
         RAJAKKAD.P.O, RAJAKKAD, IDUKKI-685566.

          BY ADVS.
          ASP.KURUP
          C.P.ANIL RAJ
          SADCHITH.P.KURUP



OTHER PRESENT:

          SMT.MABLE C,KURIAN SR G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29742 OF 2021
                                     2

                              JUDGMENT

The petitioner says that he purchased the

property involved in this case through Ext.P1 from

its vendor, after confirming that there were no

liabilities thereon and particularly being assured by

Ext.P6 certificate issued by the Union Bank of India,

in favour of whom a mortgage on it had been earlier

created to secure a loan availed of by the said

person.

2. The petitioner says that even though Ext.P1

was registered without demur, when he presented the

same for transfer of Registry of the property in his

favour, the 2nd respondent - Village Officer refused

to accede to it saying that he has received a letter

from the Bank on 26.11.2021, asserting that there is

a subsisting charge on the property. He says that

said Officer thereupon issued Ext.P8 indicating this

and therefore, that he has been left without any

other option but to challenge it before this Court.

3. Shri.L.Rajesh Narayan Iyer - learned counsel WP(C) NO. 29742 OF 2021

appearing for the petitioner, explained that the

vendor of the property appear to have earlier availed

of a loan from the Union Bank of India, which was

closed and the original title documents released to

him. He says that this is expressly admitted by them

in Ext.P6, but that when his client presented Ext.P1

for transfer of Registry of the property in question,

the Bank appears to have issued a letter on

26.11.2021 saying that they have a further charge

over the property, but not on the strength of an

equitable mortgage. He explained that even this

letter was issued after Ext.P1 had been registered on

11.11.2021; and therefore, that the Bank cannot claim

any further rights on the property in question. He

thus reiteratingly prayed that the 2nd respondent -

Village Officer be directed to effect transfer of

Registry of the property in his client's favour

without any further delay.

4. Shri.Sadchith Kurup - learned Standing Counsel

for the Union Bank of India, submitted that a

statement has been filed on behalf of his client, WP(C) NO. 29742 OF 2021

wherein, they have produced Annexure R3B to show that

a revenue recovery requisition had been made by them

to the Revenue Authorities on 03.12.2021. He

submitted that, apart from the loan which is

mentioned in Ext.P6, the vendor had taken another,

which can be recovered only by proceeding against the

property in question. He, therefore, prayed that this

writ petition be dismissed.

5. The learned Senior Government Pleader -

Smt.Mable C.Kurian, submitted that the Village

Officer is now caught between the rival contentions;

and therefore, incapacitated from acceding to the

request of the petitioner. She, however, added that

said Authority will abide by any directions to be

issued by this Court in this writ petition.

6. I have evaluated the afore submissions and

have also seen the materials available on record.

7. Even going by the Union Bank of India, the

letter of requisition for revenue recovery, namely

Ext.R3B was issued only on 03.12.2021. This is WP(C) NO. 29742 OF 2021

certainly after Ext.P1 was registered on 11.11.2021

and hence unless they are able to establish that they

have a primary charge over the property, either

through a mortgage or otherwise, I fail to fathom how

they can contend that petitioner is not entitled to

have the property covered by Ext.P1 transferred in

Registry in his favour. This is more so because, as

rightly stated by Shri.Rajesh Narayan Iyer, Ext.P1

has been registered without demur based on Ext.P6 -

No Objection Certificate issued by the Bank

themselves, wherein, they have expressly admitted

that the loan availed of by the vendor had been

closed and the original title documents returned to

him.

In the afore circumstances, I order this writ

petition and direct the 2nd respondent - Village

Officer to accede to the request of the petitioner

for transfer of Registry of the property covered by

Ext.P1 in his favour, subject to all other statutory

requirements being complied, but de hors Ext.R3B, as

expeditiously as is possible, but not later than two WP(C) NO. 29742 OF 2021

weeks from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/17.3 WP(C) NO. 29742 OF 2021

APPENDIX OF WP(C) 29742/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.1851/1/2021 DATED 11.11.2021 OF SRO RAJAKUMARI

Exhibit P2 TRUE COPY OF THE PATTA DATED 27.2.2016

Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.8.2021

Exhibit P4 TRUE COPY OF THE LOCATION SKETCH DATED 30.9.2018.

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 20.6.2017

Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 26.2.2020

Exhibit P7 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 20.10.2021

Exhibit P8 TRUE COPY OF THE COMMUNICATION NO.728/2021 DATED 10.12.2021.

RESPONDENT EXHIBIT

ANNEXURE R3A TRUE COPY OF THE LETTER GIVEN BY THE BANK ON 26.11.2021 TO THE 2ND RESPONDENT

ANNEXURE R3B TRUE COPY OF REVENUE RECOVERY REQUISITION DATED 3.12.2021 GIVEN BY THE 3RD RESPONDENT