Faizal.P.K vs The Village Officer
2023 Latest Caselaw 6050 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                      WP(C) NO. 40487 OF 2022
PETITIONER:

          FAIZAL.P.K
          AGED 50 YEARS
          S/O.MUHAMMED HAJI, POLLAKKUNNAN HOUSE,
          THIRUVIZHAMKUNNU P.O., MANNARKKAD, PALAKKAD,
          PIN - 678601
          BY ADV M.C.JOHN


RESPONDENTS:

    1     THE VILLAGE OFFICER
          KUMARAMPUTHUR VILLAGE OFFICE, KAMARAMPUTHUR P.O.,
          MANNARKKAD, PALAKKAD ., PIN - 678583
    2     KUMARAMPUTHUR GRAMAPANCHAYAT
          REPRESENTED BY SECRETARY, KUMARAMPUTHUR P.O.,
          MANNARKKAD, PALAKKAD., PIN - 678583.
OTHER PRESENT:

          SRI RIYAL DEVASSY-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40487 OF 2022            2

                             JUDGMENT

The petitioner calls into question Ext.P5, whereby, the competent

Authority has rejected his application for Possession Certificate

encompassing his property, on the ground that there is an attachment

over the same.

2. Sri.M.C.John - learned counsel for the petitioner, submitted

that his client had applied for a Possession Certificate not for

encumbering or alienating the property, but for the purposes mentioned

therein; and therefore, that the factum of an attachment over it could

not have been construed as an impediment. He thus prayed that Ext.P5

be set aside and the 1st respondent - Village Officer be directed to issue

his client a Possession Certificate over the property in question, without

any further delay.

3. Sri.Riyal Devassy - learned Government Pleader, submitted that

Ext.P5 has been issued by way of abundant caution, so as to protect the

right of any person who may purchase or deal with the property without

being aware of the attachment over it. He, however, conceded, to a

pointed question from this Court, that law does not impede issuance of

Possession Certificate over a property merely because there is an

attachment over it; and thus prayed that if this Court is so inclined, the

1st respondent be granted liberty to reconsider the matter.

4. When I consider and evaluate the afore rival submissions, it is

indubitable that law has now been well settled, without requirement of

restatement, that the mere factum of an attachment over the property

does not erode the title or possession over the same by its owner.

Obviously, the petitioner is entitled to obtain a Possession Certificate in

terms of law, with all necessary endorsements as the competent

Authorities may please, but it cannot be denied solely because there is

an attachment over the property.

In the afore circumstances, I allow this writ petition and set aside

Ext.P5; with a consequential direction to the 1 st respondent to

reconsider the petitioner's application for issuance of a Possession

Certificate over the property in question, after affording him an

opportunity of being heard and subject to law, resulting in an

appropriate action, within a period of two weeks from the date of

receipt of a copy of this judgment.

For an expeditious compliance of the afore directions, I permit the

petitioner to produce a certified copy of this judgment, along with copy

of the writ petition, before the 1 st respondent and the afore time frame

will begin from the date on which it is so done.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC

APPENDIX OF WP(C) 40487/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.

6175/08 DATED 09.09.2008 IN FAVOR OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPTS DATED 11.04.2022 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 14.02.2022 ISSUED BY DR. V.P.

GANGADHARAN OF THE LAKESHORE HOSPITAL Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 26/11/2022 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P5 A TRUE COPY OF THE REPLY DATED 01/12/2022 RECEIVED ONLINE FROM THE FIRST RESPONDENT