Kerala High Court
Aleyamma George vs Additional Tahsildar - Kanjirappally on 19 October, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY,THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936
WP(C).No. 30448 of 2014 (E)
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PETITIONER(S):
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1. ALEYAMMA GEORGE, ANSON VILLA, KOORALI P.O.,
KOTTAYAM DISTRICT, PRESENTLY RESIDIG AT 1611,
HILLSIDE AV, NEW HYDE PARK, NEW YORK - 11040,
USA, REPRESENTED BY POWER OF ATTORNEY HOLDER
V.A. VARGHESE, (BROTHER OF ALEYAMMA GEORGE),
VANIYAPURACKAL HOUSE, PAIGNA, MUNDAKAYAM P.O.,
KOTTAYAM DISTRICT, KERALA.
2. MATHAI GEORGE, ANSON VILLA, KOORALI P.O.,
KOTTAYAM DISTRICT, PRESENTLY RESIDIG AT 1611,
HILLSIDE AV, NEW HYDE PARK, NEW YORK - 11040,
USA REPRESENTED BY POWER OF ATTORNEY HOLDER
V.A. VARGHESE, (BROTHER OF ALEYAMMA GEORGE),
VANIYAPURACKAL HOUSE, PAIGNA, MUNDAKAYAM P.O.,
KOTTAYAM DISTRICT, KERALA.
BY ADVS.SRI.LIJI.J.VADAKEDOM
SRI.RAJEEV JYOTHISH GEORGE
RESPONDENT(S):
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1. ADDITIONAL TAHSILDAR - KANJIRAPPALLY,
TALUK OFFICE, KANJIRAPALLY,
KOTTAYAM DISTRICT - 686 001.
2. VILLAGE OFFICER, ELANGULAM VILLAGE,
KOORALI P.O., KOTTAYAM DISTRICT - 686 522.
3. AUGUSTINE ABRAHAM, KANICHIRAYIL HOUSE,
ANIKKADU P.O., KOTTAYAM DISTRICT
(NOW RESIDING AT FLAT NO. 310, CONFIDENTIAL
GROUP FLAT), RAJAGIRI VALLEY P.O., KAKKANAD - 682 039.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-11-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 30448 of 2014 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT-P1 : THE COPY OF THE SALE DEED NO. 251/2013 OF THE SUB REGISTRAR
OFFICE, KANJIRAPALLY.
EXHIBIT-P2 : THE COPY OF THE ORDER DATED 19/10/2013 ISSUED FROM THE
OFFICE OF THE SPECIAL TAHSILDAR (RR), KANAYANNUR TO THE
DISTRICT COLLECTOR.
EXHIBIT-P3 : THE COPY OF THE COMMUNICATION DATED 26/06/2014 ISSUED
FROM THE FEDERAL BANK, PANANGADU BRANCH INTIMATING
ABOUT THE CLOSURE OF THE LOAN AMOUNT.
EXHIBIT-P4 : THE COPY OF THE LETTER DATED 11/03/2014 ISSUED TO THE
TAHSILDAR, KANAYANNUR TALUK.
EXHIBIT-P5 : THE COPY OF THE JUDGMENT DATED 14/08/2014 IN W.P(C) 3741/2014
BEFORE THE HONOURABLE HIGH COURT OF KERALA.
RESPONDENT(S)' EXHIBITS: - NIL
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/TRUE COPY/
P.S. TO JUDGE
mbr/
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.30448 of 2014
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Dated this the 21st day of November, 2014
J U D G M E N T
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The petitioner purchased property by Ext.P1 document. Pursuant to Ext.P1, the petitioners submitted an application before the 1st respondent for effecting mutation of the property in favour of them. The revenue officials refused to effect mutation citing that there are revenue recovery proceedings pending against the property of the petitioners. The petitioner has approached this Court on account of the refusal to effect mutation.
2. The learned Government Pleader on instructions would submit that there are sales tax dues and this transaction is void in terms of 26(a) of the VAT Act and there fore, revenue officials cannot recognise any void transaction. This Court in Thulasibhai C.C. Vs. State of Kerala [2010 4 KLT 215] held that any transaction can be void as against the state however any transaction between parties is not void. Void is the option of the State and therefore, there is no bar in effecting transfer of registry. However it is made clear that W.P.(C).No.30448 of 2014 2 any right available to the State to proceed against the property under the revenue recovery proceedings will not be lost on account of transfer of registry. Considering the above, there shall be a direction to the 1st respondent to effect transfer of registry within a period of four weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/