High Court of KeralaWP(C)/31841/2015disposed of

S.Ajith Prasad v. The Kerala State Financial Enterprises Ltd.

2015-10-29Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 31841 of 2015 (E) ---------------------------- PETITIONER(S):

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1. S.AJITH PRASAD, AGED 50 YEARS, S/O.LATE SIVARAMA PILLAI, KRISHNA VILASAM, T.C 25/3080, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 035.

2. R.K.LETHI, W/O.S.AJITH PRASAD, AGED 43 YEARS, KRISHNA VILASAM, T.C. 25/3080, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 035. BY ADVS.SRI.D.GANESH KUMAR SMT.K.I.KAVITHA RESPONDENT(S):

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1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, P.B.NO.510, MUSEUM ROAD, THRISSUR DISTRICT - 680 020.

2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., FORT BRANCH, THIRUVANANTHAPURAM DISTRICT, PIN - 695 574.

3. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., PEYAD BRANCH, THIRUVANANTHAPURAM DISTRICT.PIN - 695 573. BY ADV. SRI.A.M.ANTONY, SC BY SRI.ALEXANDER.C.V., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31841 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P-1:

TRUE COPY OF THE SALE DEED NO.1636/2006 REGISTERED BEFORE KILIKOLLUR SUB REGISTRAR OFFICE, KOLLAM.

EXT.P-2:

TRUE COPY OF THE RELEVANT PAGE OF THANDAPER REGISTER IN THE NAME OF IST PETITIONER.

EXT.P-3:

TRUE COPY OF THE SETTLEMENT DEED NO.1926/2012 REGISTERED ON 20.6.2012 IN THE NAME OF 2ND PETITIONER.

EXT.P-4:

TRUE COPY OF THE TAX RECEIPT BEARING NO.1226490 ISSUED BY THE OFFICE OF MANGAD VILLAGE, KOLLAM TALUK.

EXT.P-5:

TRUE COPY OF THE RELEVANT PAGE OF THANDAPPER REGISTER ISSUED BY THE VILLAGE OFFICER, MANGAD, KOLLAM DISTRICT. EXT.P-6:

TRUE COPY OF THE CERTIFICATE DATED 7.12.2012 ISSUED BY THE BRANCH MANAGER, FORT BRANCH, THIRUVANANTHAPURAM. EXT.P-7:

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31.7.2015 BEARING NO.2203/2015 ISSUED BY THE VILLAGE OFFICER, MANGAD, KOLLAM DISTRICT.

EXT.P-8:

TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT BRANCH OF K.S.F.E. LTD. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.31841 of 2015 ****************************************************************************** Dated this the 29th day of October, 2015

JUDGMENT

The petitioners have approached this Court with the following reliefs:

a. Issue an appropriate writ, order or direction commanding the respondent Nos.1 and 2 issue attested/certified copies of documents mentioned in Exhibit P8, stating the fact that the originals of the same is kept with their office.

b. Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the nature and circumstances of the case may require including costs.

The petitioners would satisfy that if the second respondent issues a certificate showing that the originals of Ext.P1 Sale Deed No.1636/2006 is with the second respondent and to issue attested copy of Sale Deed No.751/1983 and also to issue copy of the order of attachment issued by the Tahsildar. This Court is of the view that the petitioners shall be given the certificate showing the originals of Sale Deed No.1636/2006 is with

W.P.(C) No.31841 of 2015 2 the second respondent and issue atttested copy of Sale Deed No.751/1983 and also the copy of the order of attachment. Necessary certified copy of the order shall be issued to the petitioners within three weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln