Kerala High Court
Fr. Jose Augustine vs State Of Kerala on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 13917 OF 2024
PETITIONER:
FR. JOSE AUGUSTINE, AGED 56 YEARS
S/O. AUGUSTINE, PROCURATOR,
MANANTHAVADY ROMAN CATHOLIC DIOCESE
P.O.MANANTHAVADY, WAYNAD DISTRICT.,
PIN - 670645
BY ADVS.
M.SASINDRAN
SATHEESHAN ALAKKADAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, WAYANAD., PIN - 673020
3 THE DEPUTY COLLECTOR
DEPARTMENT OF REVENUE RECOVERY,
KERALA FINANCIAL CORPORATION, VELIYAMBALAM,
THIRUVANANTHAPURAM., PIN - 695010
4 THE DEPUTY TAHSILDAR(RR)
REVENUE RECOVERY CENTRAL ZONE,
KERALA FINANCIAL CORPORATION,
KOZHIKODE., PIN - 673004
5 THE SUB REGISTRAR
MANANTHAVADY, WAYANAD DISTRICT.,
PIN - 670645
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.13917 of 2024 2
VIJU ABRAHAM, J.
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W.P (C) No.13917 of 2024
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Dated this the 4th day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking the following reliefs:
"i) issue a writ of mandamus or any other writ order to the
respondent No.3 to send certificate of sale, covered by Ext.P1,
to the 5th respondent Registrar forthwith;
ii) command the 5th respondent Registrar to make necessary
entries in the records of the Registrar's office, showing the
name of the petitioner as owner of the property covered by
Ext.P1;
iii) issue a writ of mandamus or any other writ order or direction
to the 5th respondent to issue non encumbrance Certificate to
the petitioner in respect of the property covered by Exhibit P1;
iv) set aside Ext.P7 in so far as it shows encumbrance in the
property purchased by the petitioner in public sale under the
Revenue Recovery Act.
v) declare that the property purchased by the petitioner covered
by Exhibit P1 to Exhibit P6 is free of all encumbrances.
vi) exempt the petitioner from producing the English Translation
of Malayalam Exhibits produced along with this writ petition and
the petitioner further undertakes that they are ready and willing
to produce English Translation of Malayalam documents as and
when required;
vii) award cost to the petitioner;
viii) issue any other writ order or direction as this Hon'ble Court
may deem fit in the facts and circumstances of the case"
2. It is averred that the property having an extent of 60.50 Ares in re-
survey no.260/3B of Arattuthara Desom in Mananthavady Amsom,
Mananthavady Taluk in Wayanad District was put for sale by the 2 nd
respondent as per the provisions of the Revenue Recovery Act. The
petitioner bid in auction the said property and the sale was confirmed on
22.01.1993. Ext.P1 confirmation letter as well as Ext.P2 sale certificate
was issued in favour of the petitioner. Thereafter possession was also
handed over and tax was also received from the petitioner as evident from
Ext.P3. The grievance raised by the petitioner is that the name of the
previous owner is still remaining in the encumbrance certificate and that
the factum of sale in favour of the petitioner is not seen reflected in Ext.P7
and in the records of the Sub Registrar's Office. Petitioner relying on
Section 89(4) of the Registration Act submits that every revenue officer
granting a certificate of the sale to the purchaser of immovable property
sold by public auction shall send a copy of the certificate to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the property comprised in the certificate is situate, and such officer shall
file the copy in his book no.1. On the strength of the said provision
petitioner would contend that it is the duty of the 3 rd respondent to direct
the 5th respondent to make necessary changes in the ownership of the
property after conducting sale and consequently the 5th respondent is also
duty bound to make necessary entries in the records in the Sub
Registrar's Office and issue an encumbrance certificate noting the
necessary changes that has taken place.
3. Heard the learned Government Pleader also.
After hearing both sides I am inclined to dispose of the writ petition
with a direction to the 3rd respondent to intimate the factum of sale and
issuance of Ext.P2 sale certificate to the 5 th respondent within a period of
two weeks from the date of receipt of a copy of the judgment. The 5 th
respondent on receipt of the same shall make necessary entry regarding
the same in book no.1 and in other relevant records and thereafter fresh
encumbrance certificate shall be issued to the petitioner noting the
changes that has happened pursuant to the sale conducted as evident
from Ext.P2. The encumbrance certificate shall be issued within a period
of two weeks from the date of receipt of intimation from the 3 rd respondent
as directed above.
With the abovesaid directions the writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 13917/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF
CONFIRMATION OF SALE DATED
22.01.1993,ISSUED BY THE 3RD RESPONDENT
IN FAVOUR OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF SALE
DATED 10.05.1993, ISSUED BY THE 3RD
RESPONDENT IN RESPECT OF THE ABOVE SAID
PROPERTY.
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED
20.11.1993 ISSUED BY THE VILLAGE
OFFICER, MANANTHAVADY IN RESPECT OF THE
PROPERTY IN FAVOUR OF THE PETITIONER
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED
30.06.2023, IN FAVOUR OF THE CHURCH IN
RESPECT OF ALL THE PROPERTIES.
Exhibit P5 TRUE COPY OF POSSESSION CERTIFICATE
DATED 11.07.2023 ISSUED BY THE VILLAGE
OFFICER, MANANTHAVADY.
Exhibit P6 TRUE COPY OF THE THANDAPER ACCOUNT DATED
30.06.2023 ISSUED BY THE VILLAGE OFFICER
IN RESPECT OF THE ABOVE SAID PROPERTY.
Exhibit P7 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
ISSUED BY THE 5TH RESPONDENT IN RESPECT
OF THE PROPERTY SITUATED IN RS NO.260/3
B, HAVING AN EXTENT OF 60/70 ARES.
