Kerala High Court
Zebra Cross Resorts Private Limited vs State Of Kerala on 9 March, 2016
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 9TH DAY OF MARCH 2016/19TH PHALGUNA, 1937
WP(C).No. 2938 of 2016 (N)
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PETITIONER :
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ZEBRA CROSS RESORTS PRIVATE LIMITED
BUILDING NO.1/469, PARUTHIPPARA, FEROKE COLLEGE POST,
KERALA STATE, PIN-673 632, REPRESENTED BY ITS AUTHORIZED
SIGNATORY MR. BINEESH C.
BY ADVS. DR.S.GOPAKUMARAN NAIR (SR.)
SRI.P.A.MOHAMMED SHAH
SRI.SOORAJ T.ELENJICKAL
SRI.K.NANDAKUMAR
SMT.P.M.MAZNA MANSOOR
RESPONDENTS :
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1. STATE OF KERALA
REPRESENTED BY SECRETARY, REGISTRATION DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. DISTRICT REGISTRAR
OPPOSITE HEAD POST OFFICE, KOZHIKODE-673 001.
3. SUB REGISTRAR, FEROKE
KOZHIKODE DISTRICT-673 631.
*ADDL. R4 IMPLEADED :
4. THE ADDITIONAL TAHSILDAR, KOZHIKODE
*ADDL. R4 IS SUO MOTU IMPLEADED AS PER JUDGMENT DT 17/2/2016
BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
WP(C).No. 2938 of 2016 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 : THE TRUE COPY OF THE DOCUMENT NO.2872/2009 DT 12-8-2009
P2 : THE TRUE COPY OF THE BUILDING PERMIT NUMBERED AS
BL 394/11-12 DT 15-11-2011
P3 : THE TRUE COPY OF THE LAY OUT APPROVAL ISSUED BY THE CHIEF
TOWN PLANNER DT 14-3-2011
P4 : THE TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE
DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES KOZHIKODE
DT 24-11-2011
P5 : THE TRUE COPY OF THE INTEGRATED CONSENT TO ESTABLISH THE
PROJECT ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD DT 1-2-2012
P6 : THE TRUE COPY OF THE ORDER ISSUED BY THE MEMBER
SECRETARY,STATE ENVIRONMENT IMPACT ASSESSMENT
AUTHORITY, KERALA DT 14-11-2012
P7 : THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT
COLLECTOR TO THE 3RD RESPONDENT DT NIL
P8 : THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE
3RD RESPONDENT WITH RESPECT TO RE SY NO.10 & 12/1
DT 15-10-2015.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
A. MUHAMED MUSTAQUE, J.
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W.P.(C).No. 2938 of 2016
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Dated this the 09th day of March, 2016
JUDGMENT
The petitioner is a company. They approached this Court on account of non registration of an instrument executed by them in favour of the prospective buyers. This was due to the fact that the encumbrance would show that there is an attachment/ prohibitory order.
2. The petitioner in the writ petition asserted that the property never vested with M/s. Balaji Holdings. Therefore, this Court on 17.02.2016 passed the following order:
"The Additional Tahsildar, Kozhikode is suo motu impleaded as additional 4th respondent.
Learned Government Pleader is directed to get instructions from the additional 4th respondent whether the property referred in Ext.P1, registered in the name of M/s. Balaji Holdings as reflected in Ext.P8 certificate."
W.P.(C).No. 2938 of 2016 -2-
3. The learned Government Pleader, on instructions, submits that M/s. Balaji Holdings did not have any property in Ramanattukara Village.
In such circumstances, this Court is of the view that all the remarks entered in the encumbrance certificate shall be lifted forthwith. Consequently, there shall be a direction to the Sub Registrar to register any document presented by the petitioner in accordance with law.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bpr