Kerala High Court
C George Jacob vs State Of Kerala, Secretary To Revenue on 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 32468 OF 2023
PETITIONER/S:
C GEORGE JACOB
AGED 71 YEARS
CHERICKAL HOUSE, 12H CHAKOLAS WATERSCAPES,
PANDITKARUPPAN ROAD, THEVARA, ERNAKULAM,
PIN - 682012
BY ADVS.
JOJU KYNADY
SAURAV SHAJI
RESPONDENT/S:
1 STATE OF KERALA, SECRETARY TO REVENUE
REPRESENTED BY SECRETATRY TO REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 685001
2 SUB REGISTRAR
SUB REGISTRAR OFFICE, 2ND FLOOR, PERUMPALLY
BUILDING, KPCC JUNCTION, M G ROAD, ERNAKULAM, PIN
- 682011
3 DISTRICT AND SESSIONS COURT, REPRESENTED BY
SHERISTADAR
3RD FLOOR, NEW COURT COMPLEX, PARK AVENUE ROAD,
ERNAKULAM, ERNAKULAM, KOCHI, PIN - 682011
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
GP - DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.32468 of 2023 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.32468 of 2023
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Dated this the 27th day of March, 2024
JUDGMENT
The petitioner has approached this Court seeking a direction
to the 2nd respondent to delete the entry dated 12.10.1988 in the
encumbrance certificate with respect to the property owned by the
petitioner.
2. It is averred that the petitioner is the absolute owner and is
in actual physical possession of the land having an extent of 8.995
cents comprised in Survey Nos.989/1- 9 and 989/12 of Perumanoor
Desom, Ernakulam Village, Kannayannur Taluk, Ernakulam
District. The petitioner bought the said land from the Greater
Cochin Development Authority as per Ext.P1 sale deed. The
petitioner has been regularly paying tax in respect of the property
as is evident from Ext.P2 and Ext.P3 possession certificate was also
issued in favour of the petitioner. In the year 2017, the petitioner
filed an application for the issuance of an Encumbrance Certificate
and the petitioner was issued with Ext.P4 encumbrance certificate.
On a perusal of Ext.P4 the petitioner found that there was an entry
'Court/Revenue Order' on 12.10.1988 by Sub Court, Ernakulam at
the instance of one 'Mysore Wine Products Ltd'. The petitioner
submits that even though petitioner had business relationship with
above said M/s Mysore Wine Products Ltd till 1985, petitioner upto
date has not received claim or demand nor any notice from Sub
Court, Ernakulam regarding any litigation with M/s Mysore Wine
Products Ltd. Thereupon the petitioner has preferred an
application before the 2nd respondent to get details by which the
said entry was effected. The petitioner was intimated as per
Exts.P5 and P6 that all the documents were destroyed and that no
details with respect to the case number or order based on which
the entry dated 12.10.1988 was made in the Encumbrance
Certificate is available. A similar reply was given by the 3 rd
respondent also, as per Ext.P8. The petitioner submits that 35
years have passed after the entry was effected in the Encumbrance
Certificate and the petitioner has not received any claim or demand
nor any notice from any Court of Law in respect of his claim. In the
said circumstances that the petitioner has approached this Court
seeking a direction to remove the entry regarding the attachment
in the Encumbrance Certificate.
3. When the matter came up for consideration on an earlier
occasion, this Court has directed the learned Government Pleader
to make available the computer print out of the details entered
regarding the attachment on the subject property, which was
produced along with a memo dated 22.02.2024, in which also the
details of the case number and the address of the parties who has
obtained the attachment is not seen stated and therefore the
computer print out now produced by the learned Government
Pleader could not be of any help to identify the case number or the
details of the party at whose instance the attachment was effected.
4. A statement has been filed by the 2 nd respondent wherein it
is stated that the relevant pages wherein such entries were made
in the register have been destroyed and therefore the office is
unable to issue any certified copy of the order or to provide any
information beyond what is stated in the Encumbrance Certificate.
5. When an attachment is effected and the same is entered in
the register, it is the responsibility of the 2 nd respondent to
maintain proper details of the records such as case number and
the details of the persons in whose name the attachment was
effected. The alleged entries are made on 12.10.1988 by the Sub
Court Ernakulam, which is almost 35 years back.
5. Taking into consideration the fact that the attachment
effected is almost 35 years back and the details of the attachment
is not available with the 2nd respondent, I am of the view that if the
petitioner make necessary request before the 2nd respondent in this
regard, he shall after enquiry in the matter take appropriate
decision to erase the entry of attachment in the Encumbrance
Certificate. It is made clear that the right if any of M/s.Mysore
Wine Products Ltd against the property at whose instance the
attachment was effected will not be extinguished by the order
passed in this writ petition. A certified copy of the judgment shall
be entered in Book No.1 maintained by the 2 nd respondent and
based on which entry of attachment in the encumbrance certificate
could be erased.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 32468/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF SALE DEED NO.1423 OF 1982
Exhibit P-2 TRUE COPY OF LAND TAX RECEIPT DATED
12/04/2023
Exhibit P-3 TRUE COPY OF POSSESSION CERTIFICATE DATED
27.04.2023
Exhibit P-4 TRUE COPY OF ENCUMBRANCE CERTIFICATE
NO.8933/17 DATED 19.05.2017
Exhibit P-5 TRUE COPY OF APPLICATION DATED 07.09.2017
BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P-6 TRUE COPY OF REPLY LETTER DATED
05.10.2017 FROM 2ND RESPONDENT TO THE
PETITIONER
Exhibit P-7 TRUE COPY OF APPLICATION DATED 09.08.2023
BY THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P-8 TRUE COPY OF REPLY LETTER DATED
22.08.2023 FROM 3RD RESPONDENT TO THE
PETITIONER
