IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 24613 of 2010(B) -------------------------- PETITIONER(S): --------------- RAJASENAN.B., AGED 49 YEARS, S/O. BHASKARAN.K., VAYALILPUTHAN VEEDU, NEELASWARAM.P.O., NEDUVATHOOR, KOTTARAKKARA, KOLLAM. BY ADV. SRI.V.V.RAJA MR.M.T.SURESH KUMAR RESPONDENT(S): --------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, 8TH FLOOR, KSHB OFFICE COMPLEX PANAMPILLY NAGAR, COCHIN. 2. THE THAHASILDAR, TALUK OFFICE, KOTTARAKKARA. 3. THE VILLAGE OFFICER, NEDUVATHOOR VILLAGE KOTTARAKKARA, KOLLAM. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24613/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CERTIFICATE OF SALE ISSUED BY R1 IN FAVOUR OF THE PETITIONER. P2 : COPY OF COMMUNICATION DATED 04/08/2009 ISSUED BY THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KOTTARAKKARA TO THE PETITIONER. P3 : COPY OF COMMUNICATION DATED 03/08/1999 ISSUED BY SRI.HARSHA KUMAR TO THE CHIEF MANGER, FEDERAL BANK, KOTTARAKKARA BRANCH. P4 : COPY OF REPRESENTATION DATED 26/07/2010 SUBMITTED BY THE PETITIONER BEFORE R2. P5 : COPY OF RECEIPT DATED 26/07/2010 ISSUED FROM TALUK OFFICE. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 24613 of 2010 B ``````````````````````````````````````````````````````` Dated this the 26th day of October, 2010 J U D G M E N T In O.A.No.228/2005 filed by the Federal Bank, Kottarakkara Branch, property having an extent of 26 cents situated in Re-Survey No.213/19 in Block No.8 of Neduvathoor village was put for sale and the petitioner was the successful purchaser. Ext.P1 is the sale certificate that was eventually issued by the Debt Recovery Tribunal. However, petitioner's application for mutation and acceptance of tax is declined as per Ext.P2, on the ground that certain attachment are prevailing. It is in these circumstances, writ petition is filed. 2. Having regard to the fact that the petitioner is the purchaser of the property as evidenced by Ext.P1, so long as the sale certificate remains valid, irrespective of the pendency of the attachment, petitioner is entitled to get the property mutated and tax paid on that basis. W.P.(C) No.24613/2010 : 2 : Therefore, the writ petition is disposed of quashing Ext.P2 and directing the second respondent to pass orders on the application made by the petitioner for mutation of the property and for accepting tax in respect of the property. Such orders shall be passed by the second respondent, as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment. (ANTONY DOMINIC, JUDGE) aks