High Court of KeralaWP(C)/31580/2013disposed of

Mahendran Pillai v. The Tahsildar, Aluva Taluk

2015-08-04Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 31580 of 2013 (V) ---------------------------- PETITIONER :

----------------------- MAHENDRAN PILLAI, S/O.MADHAVAN PILLAI, RESIDING AT VIJAYA MANDIRAM, BEHIND FEDERAL BANK, ALUVA-683 101.

BY ADVS.SRI.S.B.PREMACHANDRA PRABHU SRI.K.B.RAJESH RESPONDENT :

-------------------------- THE TAHSILDAR, ALUVA TALUK OFFICE, ALUVA-683 101.

BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 31580 of 2013 (V) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

COPY OF THE ASSESSMENT ORDER ISSUED BY THE RESPONDENT DATED 13/2/2001.

P2:

COPY OF THE NOTICE OF DEMAND ISSUED BY THE RESPONDENT DATED 13/2/2001.

P3:

COPY OF THE RECEIPT DATED 28/2/2001 SHOWING PAYMENT OF THE ENTIRE TAX.

P4:

COPY OF THE NOTICE DATED 26/11/2013.

P5:

COPY OF THE ASSESSMENT ORDER DATED 9/12/2013. P6:

COPY OF THE NOTICE OF DEMAND ORDER DATED 9/12/2013. RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

V.CHITAMBARESH,J.

= = = = = = = = = = = W.P.(C) No.31580 of 2012 = = = = = = = = = = = == = = = = Dated this the 6th day of June, 2013

J U D G M E N T

The petitioner is concededly the purchaser in the sale conducted by the third respondent bank under the SARFAESI Act. The sale has become absolute and Ext.P1 sale certificate has been issued to the petitioner.

2. There can be no objection in effecting mutation in favour of the petitioner in the property so purchased. Such mutation will not affect a rival claim of anyone else over the property.

3. I direct the first and second respondents to carry out the mutation in favour of the petitioner as regards the property covered by Ext.P1 sale certificate. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V.CHITAMBARESH JUDGE smm