Rajgop Kanichat vs The District Collector
2023 Latest Caselaw 10624 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       WP(C) NO. 30755 OF 2023
PETITIONER:

          RAJGOP KANICHAT, AGED 56 YEARS
          S/O T.A. RADHAKRISHNA MENON, BINDU NIVAS,
          ELOOR NORTH, UDYOGAMANDAL, PARAVUR,
          ERNAKULAM DISTRICT ,
          REP. BY POWER OF ATTORNEY HOLDER REJENDRAN P.,
          AGED 49 YEARS, S/O. V.K. NARAYANAN NAIR,
          PERINGATTU HOUSE, ANNAMANADA P.O.,
          VENNOOR, ALATHUR,
          THRISSUR DISTRICT - 680741

          BY ADVS.
          N.M.MADHU
          C.S.RAJANI



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, FIRST FLOOR,
          CIVIL STATION, AYYANTHOLE,
          THRISSUR, PIN - 680003

    2     THE SUB REGISTRAR
          SUB REGISTRAR OFFICE, ANNAMANADA,
          THRISSUR, PIN - 680741
          R BY GP ADV.RIYAL DEVASSY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30755 OF 2023      : 2 :



                          JUDGMENT

The petitioner has obtained title over 24.79 Ares of

land comprised in Survey No.1205 as per Ext.P2

settlement deed. The said property was attached by the

Judicial First Class Magistrate Court, Chalakkudy, in

two cases viz., C.C.Nos.1751/2012, in which the

petitioner's brother is the accused and 1757/2012.

Pursuant to the said attachments, the 1 st respondent

has issued Ext.P4 warrant of arrest/attachment and

these two attachments are reflected in the

encumbrance certificate. The petitioner submits that

both the above cases are closed after the respective

accused were sentenced to fine. Exts.P5 and P6 memos

would show the remittance of the fine amount by the

accused. Accordingly, the petitioner has preferred this

writ petition for a direction to the 2 nd respondent to

remove the attachment from the encumbrance register.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. The learned Government Pleader submits that

information has been received from the JFCM-I,

Chalakkudy regarding the lifting of attachment.

4. It is to be noted that, as held by the Hon'ble

Supreme Court in Vimalaben Ajithbhai Patel v.

Vatslaben Ashokbhai Patel and Others [2008 (2)

KHC 396], once the person against whom the

proclamation under Section 83 of the Code of Criminal

Procedure was issued and whose property was

attached, surrenders before the Court and the standing

warrants are canelled, the purpose of attachemnt of

property comes to an end. In this case, the accused

have surrendered before the Court and the Court has

sentenced them to fine. It is seen from Exts.P5 and P6

that the accused have remitted the fine and the

purpose of attachment has thus come to an end and the

attachment stands lifted. Further, as submitted by the

learned Government Pleader, the order of lifting the

attachment has already been received from the JFCM-I,

Chalakkudy.

5. Accordingly, there will be a direction to the 2 nd

respondent to make necessary endorsement in the

encumbrance register with regard to the lifting of the

attachment made by the JFCM-I, Chalakkudy in

C.C.Nos.1751/2012 and 1757/2012.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY DEED DATED 24.03.2023

Exhibit P2 TRUE COPY OF THE SETTLEMENT DEED NO.3871/2012 DATED 15.11.2012 OF S.R.O. ANNAMANADA

Exhibit P3 TRUE COPY OF THE WARRANT OF ARREST AND PROCLAMATION OF THE PROPERTY OF MR. K. MAHESH MENON ISSUED IN C.C. NO.1751/2012 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY ON 17.12.2017

Exhibit P4 TRUE COPY OF THE PROCEEDING DATED 22.01.2013 ISSUED BY THE FIRST RESPONDENT

Exhibit P5 TRUE COPY OF THE MEMO DATED 10.08.2023 SHOWING THE FACT THAT C.C. NO.1751/2012 WHICH WAS RENUMBERED AS C.C. NO.3780/2013 IS CLOSED

Exhibit P6 TRUE COPY OF THE MEMO DATED 10.08.2023 SHOWING THE FACT THAT C.C. NO.1757/2012 IS CLOSED