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High CourtsSingle Bench(2023) 06 KL CK 0086

Moly Kuriakose vs Inspector General Of Registration Department Of Registration Kerala, Vanchiyoor, Thiruvananthapuram, Kerala, Pin 695035

High Court Of Kerala · Decided on 7 June 2023

HON’BLE JUDGES
Gopinath P., J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 18345 Of 2023

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Judgment

7 paragraphs · 344 words

Gopinath P., J

1.

The petitioner purchased 16 acres and 21 sq.m. of property by virtue of registered sale deed No.853/2014 registered at the SRO, Chengamanad. He had obtained the property from one Mr.Kuriachen, who in turn had become the owner of the property by virtue of a decree of specific performance obtained by him from the Court of the Additional Sub Judge, Paravur. When the suit filed by the aforesaid Mr.Kuriachen was pending, he had obtained an order of attachment over the property which still reflects in the encumbrance certificate. One George Antony who had also purchased property from the aforesaid Mr.Kuriachen had approached this Court by filing W.P.(C) No. 25257 of 2021 which was disposed of by Ext.P5 judgment directing as follows:

Resultantly, I order this writ petition with a consequential direction to the 2nd respondent to consider the application of the petitioner for effacement of Entry No.1 in Ext.P3 Encumbrance Certificate and accede to the same, if there are no other legal impediments; and issue a fresh Encumbrance Certificate to the petitioner without such entry, as expeditiously as is possible but not later than three weeks from the date of receipt of a copy of this judgment.

2.

The learned counsel for the petitioner would submit that the petitioner has filed Ext.P4 request before the 2nd respondent and the 2nd respondent may be directed to consider the same in the same manner as directed in Ext.P5.

3.

Heard the learned Government Pleader also.

4.

Having regard to the facts and circumstances of the case and considering the limited nature of relief sought for by the petitioner, this writ petition will stand disposed of directing the 2nd respondent to consider Ext.P4 also taking note of the directions issued in Ext.P5 judgment. The 2nd respondent shall, if satisfied, that the attachment no longer survives, issue a fresh encumbrance certificate to the petitioner. The needful shall be done within a period of two months from the date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.