Kerala High Court
Jaseentha vs Kerala State Financial Enterprises Ltd on 10 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:74725
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 32243 OF 2023
PETITIONER:
JASEENTHA
AGED 55 YEARS
W/O. LATE GILBERT,
KARUKAPPARAMBIL,
PUNNAPRA P.O.,
ALAPPUZHA.,
PIN - 688004
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
AYYAPPADAS V
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD.
“BHADRATHA”,
MUSEUM ROAD, P. B. NO. 510,
THRISSUR ,
REPRESENTED BY ITS MANAGING DIRECTOR.,
PIN - 680020
2 THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA .,
PIN - 688001
3 THE DEPUTY TAHASILDAR (RR)
KERALA STATE FINANCIAL ENTERPRISES,
RR UNIT, ALAPPUZHA., PIN - 688001
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W.P.(C) Nos.32243 & 34554 of 2023
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4 THE VILLAGE OFFICER
PARAVOOR VILLAGE, AMBALAPPUZHA TALUK,
ALAPPUZHA DISTRICT., PIN - 688004
5 THE SUB REGISTRAR
ALAPPUZHA SRO, ALAPPUZHA.,
PIN - 688001
6 YESUDAS
S/O. LOUIS, VADAKKETHAYYIL,
PUNNAPRA P.O., ALAPPUZHA.,
PIN - 688004
BY ADVS.
SYAM KUMAR C R
SOORAJ T.ELENJICKAL(K/3570/1999)
HELEN P.A.(K/000084/2019)
ATHUL ROY(K/1345/2022)
STEPHANIE SHARON(K/303/2022)
SRI.SALIL NARAYANAN KC, SC
SMT. ANIMA M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29.07.2024, ALONG WITH WP(C).34554/2023, THE COURT ON
10.10.2024 DELIVERED THE FOLLOWING:
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W.P.(C) Nos.32243 & 34554 of 2023
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 34554 OF 2023
PETITIONER:
SAJITHA YESUDAS
AGED 48 YEARS
W/O. SEBASTIAN, KOYIPARAMBIL,
PUNNAPRA P.O., AMBALAPPUZHA TALUK,
ALAPPUZHA, PIN - 688004
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
AYYAPPADAS V
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD
“BHADRATHA”,
MUSEUM ROAD, P. B. NO. 510,
THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR.,
PIN - 680020
2 THE DEPUTY TAHASILDAR (RR)
KERALA STATE FINANCIAL ENTERPRISES,
RR UNIT, ALAPPUZHA, PIN - 688001
3 THE VILLAGE OFFICER
PARAVOOR VILLAGE, AMBALAPPUZHA TALUK,
ALAPPUZHA DISTRICT, PIN - 688004
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W.P.(C) Nos.32243 & 34554 of 2023
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4 THE SUB REGISTRAR
ALAPPUZHA SRO, ALAPPUZHA,
PIN - 688001
5 YESUDAS
S/O. LOUIS, VADAKKETHAYYIL,
PUNNAPRA P.O., ALAPPUZHA,
PIN - 688004
6 ELIYAMMA YESUDAS
W/O. YESUDAS, VADAKKETHAYYIL,
PUNNAPRA P.O., ALAPPUZHA,
PIN - 688004
BY ADVS.
P.C.ANIL KUMAR
SOORAJ THOMAS ELENJICKAL
C.R.SYAMKUMAR(K/569/1993)
HELEN P.A.(K/000084/2019)
ATHUL ROY(K/1345/2022)
STEPHANIE SHARON(K/303/2022)
SMT. ANIMA M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.07.2024, ALONG WITH WP(C).32243/2023, THE
COURT ON 10.10.2024 DELIVERED THE FOLLOWING:
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W.P.(C) Nos.32243 & 34554 of 2023
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N. NAGARESH, J.
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W.P.(C) No.32243 and 34554 of 2023
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Dated this the 10th day of October, 2024
JUDGMENT
~~~~~~~~~
W.P.(C) No.32243/2023 has been filed by the
petitioner seeking to quash Exts.P4 and P5 and to command
the 1st respondent-KSFE Limited to withdraw the attachment
effected on the petitioner's property covered by Ext.P1 Sale
Deed and to drop the steps under the Kerala Revenue
Recovery Act for realisation of the amount due to KSFE Limited
from the 6th respondent. W.P.(C) No.34554/2023 has been
filed by another petitioner for similar reliefs.
2. The petitioner in W.P.(C) No.32242/2023
states that her husband late Gilbert and children are owners in
possession of 2 Ares and 11 square metres property in Block
No.11, Re-survey No.331/18/1 of Paravoor Village,
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W.P.(C) Nos.32243 & 34554 of 2023
Ambalappuzha Taluk. The petitioner's husband purchased the
property from the 6th respondent as per Ext.P1 Sale Deed dated
21.10.2021. The property originally had an extent of 4 Ares
and 45 square metres. 2.34 Ares and 40 square metres had
been surrendered by the 6th respondent for a pathway. The
remaining 1.94 Ares was sold by the 6 th respondent to the
petitioner in W.P.(C) No.34554/2023.
3. When the petitioner applied for mutation of
property, the 4th respondent-Village Officer refused the request
on the ground that the property is under attachment effected at
the instance of the KSFE Limited. The petitioner's husband
thereupon approached the 2nd respondent-District Collector to
lift the attachment. The 2nd respondent obtained a report from
the 3rd respondent-Deputy Tahsildar (RR).
4. The 3rd respondent thereafter published
Ext.P5 notice under Section 36 of the Kerala Revenue
Recovery Act in respect of 4 Ares and 45 square metres of land
earlier belonged to the 6th respondent including a portion (2
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W.P.(C) Nos.32243 & 34554 of 2023
Ares and 11 square metres) which was purchased by the
petitioner. Ext.P5 stated that steps are taken for sale of the
property in case of non-payment of dues to the KSFE from the
6th respondent.
5. The petitioner stated that attachment of the
petitioner's property by the 1st respondent for the dues of the 6 th
respondent is illegal. There was no attachment or
encumbrance over the property when the petitioner's husband
purchased the same. The amount due to the 1 st respondent-
KSFE Limited is not a charge over the assets of the defaulter.
6. The 1st respondent-KSFE resisted the writ
petition filing counter affidavit. The 1 st respondent stated that
the 6th respondent had availed financial facilities from KSFE by
way of loans and prized money from chitties. About ₹4030175/-
is due to the KSFE from the 6th respondent and his wife. The
KSFE requested the District Collector to proceed against the
property of the 6th respondent under the Revenue Recovery
Act.
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W.P.(C) Nos.32243 & 34554 of 2023
7. The proceedings for revenue recovery are
strictly in accordance with law. The petitioner failed to make
proper enquiry before purchasing the property. In order to get
the property free from attachment, the petitioner will have to
clear the liabilities of the 6th respondent. The writ petition lacks
merit and it is to be dismissed.
8. W.P.(C) No.34554/2023 has been filed by the
petitioner therein seeking similar reliefs. The petitioner also
purchased 5 Ares and 99 square feet of land from respondents
5 and 6 as per Ext.P1 sale deed. The petitioner in W.P.(C)
No.34554/2023 also applied for mutation of the property. The
Village Officer informed the petitioner that the property is under
attachment effected at the instance of the 1 st respondent-KSFE.
The petitioner therefore seeks to command respondents 1 and
2 to withdraw the attachment and drop the coercive steps
against the property of the petitioner for realisation of amount
due to KSFE from respondents 5 and 6.
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W.P.(C) Nos.32243 & 34554 of 2023
9. I have heard the learned counsel for the
petitioner, learned Standing Counsel representing the 1st
respondent and the learned Government Pleader representing
respondents 2 to 4.
10. The petitioners in both the writ petitions
purchased pieces of land from respondents 5 and 6. The
purchase was by way of registered sale deeds. The sellers of
the property had mortgaged the property in question with the 1 st
respondent-KSFE Limited in connection with chitty
transactions. When the sellers failed to pay the amount to the
1st respondent, the 1st respondent initiated legal proceedings
and the properties of respondents 5 and 6 were attached.
11. When the petitioners applied for mutation of
the properties in their favour, the Revenue Officers declined
mutation as there was prior attachment. The petitioners had
purchased the property from respondents 5 and 6 perhaps
without the knowledge that the properties stand attached at the
instance of the KSFE Limited.
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W.P.(C) Nos.32243 & 34554 of 2023
12. The question now arising is who will be,
whether the petitioners or the KSFE Limited, having superior
rights over the title to the property. This is a disputed question
of fact and law. Essentially, it is a civil dispute. This Court will
not be justified in adjudicating the said issue in exercise of the
powers under Article 226 of the Constitution of India.
The writ petitions are therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/04.10.2024
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W.P.(C) Nos.32243 & 34554 of 2023
APPENDIX OF WP(C) 32243/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED DATED
21.10.2021 WHICH WAS REGISTERED AS
DOCUMENT NO. 3232/2021 OF ALAPPUZHA
SRO.
Exhibit P2 TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 03.08.2022 ISSUED BY
THE TAHASILDAR AMABALAPPUZHA.
Exhibit P3 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 06.08.2022 IN RESPECT
OF 2 ARES 11 SQ. MTRS. OF LAND
PURCHASED BY THE PETITIONER FROM THE
6TH RESPONDENT VIDE EXT. P-1 SALE DEED.
Exhibit P4 TRUE COPY OF THE REPORT DATED
01.02.2023 SENT BY THE BY THE 3RD
RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE NOTICE DATED
21.06.2023 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 14.09.2023
ISSUED BY THE 3RD RESPONDENT TO THE
TENANTS OF THE PETITIONER OWNED
BUILDING.
RESPONDENT'S EXHIBITS
EXHIBIT R1B True copy of the communication dated
18/10/2019
EXHIBIT R1A True copy of the table showing the
amounts due from the 6th respondent
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W.P.(C) Nos.32243 & 34554 of 2023
dated 31.12.2023
EXHIBIT R1C true copy of the acknowledgement in
respect of the same is produced
PETITIONER'S EXHIBITS
Exhibit P-8 A true copy of the Thandapper account
of the property maintained in the
Punnappra Village which my husband
purchased from the 6th respondent
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W.P.(C) Nos.32243 & 34554 of 2023
APPENDIX OF WP(C) 34554/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED DATED
21.10.2021 WHICH WAS REGISTERED AS
DOCUMENT NO. 3251/2021 OF ALAPPUZHA
SRO.
Exhibit P2 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 19.09.2023 IN RESPECT
OF 4.05 ARES OF LAND EARLIER OWNED BY
THE 6TH RESPONDENT AND LATER PURCHASED
BY THE PETITIONER.
Exhibit P3 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 06.08.2022 IN RESPECT
OF 2 ARES 11 SQ. METERS FORMING PART OF
4 ARES 45 SQ. METERS OUT OF WHICH 1.94
ARES OF LAND WAS PURCHASED BY THE
PETITIONER FROM THE 5TH RESPONDENT VIDE
EXT. P-1 SALE DEED.
Exhibit P4 TRUE COPY OF THE LETTER DATED
17.01.2022 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE NOTICE DATED
21.06.2023 ISSUED BY THE 2ND RESPONDENT
TO THE 5TH RESPONDENT.
Exhibit P-6 A TRUE COPY OF THE THANDAPPER ACCOUNT
OF THE 5TH RESPONDENT
Exhibit P-7 A TRUE COPY OF THE THANDAPPER ACCOUNT
OF THE 6TH RESPONDENT
