Federal Bank Limited v. Tahsildar, Thrissur Taluk; Femi Wilson v. Tahsildar, Thrissur Taluk (WP(C) Nos. 19923/2023 and 26243/2023)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE GOPINATH P.`** ``` TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ## **`WP(C) NO. 19923 OF 2023`** ## **`PETITIONER/S:`** ``` THE FEDERAL BANK LIMITED LCRD/THRISSUR DIVISION, S.T.NAGAR, T B ROAD, THRISSUR REPRESENTED BY ITS ASSISTANT VICE PRESIDENT, PIN - 680001 BY ADVS. MOHAN JACOB GEORGE REENA THOMAS NIGI GEORGE P.V.PARVATHY (P-41) ``` ## **`RESPONDENT/S:`** ``` 1TAHSILDAR, THRISSUR TALUK, CHEMBUKKAVU, THRISSUR, PIN - 680020 2VILLAGE OFFICER PUTHUR VILLAGE, MANNAMANGALAM ROAD THRISSUR, PIN - 680014 3SMT.FEMI WILSON W/O. WILSON, MURIYADAN HOUSE MINAR ROAD, KOZHUKKULLY NADATHARA P O., THRISSUR, PIN - 680751 4RECOVERY OFFICER DRT-2, 2ND FLOOR KSHB BUILDING PANAMPILLY NAGAR ERNAKULAM, KOCHI, PIN - 682036 ``` ## **`OTHER PRESENT:`** ``` SMT. PREETHA K K (SR GP) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).26243/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC Nos.19923 and 26243 of 2023 2 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ## **`WP(C) NO. 26243 OF 2023`** ## **`PETITIONER/S:`** ``` FEMI WILSON AGED 44 YEARS W/O. WILSON PAUL, MURIYADAN HOUSE, NADATHARA P.O, MINAR ROAD, THRISSUR DISTRICT, PIN - 680751 BY ADVS. MOHAN JACOB GEORGE P.V.PARVATHY (P-41) REENA THOMAS NIGI GEORGE ``` ## **`RESPONDENT/S:`** ``` 1THE TAHSILDAR THRISSUR TALUK, CHEMBUKKAVU, THRISSUR DISTRICT, PIN - 680020 2THE VILLAGE OFFICER PUTHUR VILLAGE, MAMANGALAM ROAD, THRISSUR DISTRICT, PIN - 680014 3THE RECOVERY OFFICER DEBT RECOVERY TRIBUNAL-II, 2ND FLOOR, KSHB BUILDING, PANAMPALLY NAGAR, ERNAKULAM, COCHIN, PIN – 682036 ``` ``` SMT. PREETHA K K (SR GP) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).19923/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC Nos.19923 and 26243 of 2023 3 ## **J U D G M E N T** The petitioner in W.P.(C)No.26243 of 2023 purchased an extent of 20.02 ares of land in an auction conducted by the Debt Recovery Tribunal, Ernakulam and in furtherance of the final order in O.A.No.53/2012 in the matter of Federal Bank Limited v. P.V. Antony and another. The sale certificate was also issued in favour of the petitioner. However, mutation is not being effected on the ground that as per the Basic Tax Register, the property is described as “Tharishu”. Parties and exhibits are hereinafter referred to as they appear/are filed in W.P. (C)No.26243 of 2023. 2. Therefore, the petitioner and the Federal Bank which is the petitioner in the connected W.P.(C)No.19923 of 2023 have approached this Court essentially seeking the completion of proceedings for effecting mutation in favour of the petitioner within a time frame to be fixed by this Court. 3. The learned counsel appearing for the petitioners in these cases would submit with reference to the encumbrance certificate produced as Ext.P9 that the said encumbrance certificate which is for the period from 01.01.1989 WPC Nos.19923 and 26243 of 2023 4 to 10.03.2023 would show that the property was subject matter several transactions from 1989 onwards. It is submitted that even assuming that the Government has any semblance of right over the property, since for over thirty years, the property has been owned and enjoyed by the several persons, as can be seen from Ext.P9, it is not proper on the part of the authorities to refuse mutation in favour of the petitioner. It is also submitted that mutation had been effected and tax has been paid in the name of the previous owners without any objection. 4. The learned Government Pleader would submit that mutation was refused on the ground that the property is described in the Basic Tax Register as “Tharishu”. It is submitted that “Tharishu” refers to the Government and the property cannot be mutated in favour of the petitioner. It is submitted the fact that mutation had been effected and tax has been accepted from the previous owners, no ground to hold that the petitioner is entitled to mutation in his favour. 5. Having heard the learned counsel appearing for the petitioners in these cases and the learned Government Pleader, I am of the view that the petitioners are entitled to WPC Nos.19923 and 26243 of 2023 5 succeed. The reasons which compel me to make such a view are the following; (1) A reference to Ext.P9 in W.P.(C)No.26243 of 2023 would indicate that atleast from the year 1989, the property which is subject matter of the sale certificate in favour of the petitioner has been subject matter of several transactions. More than thirty years have passed and therefore, prima facie, it may not be possible for the authorities to say at the distance of time that the property in question was Government property as per the Basic Tax Register. (2) The property was mutated in favour of the predecessors in interest of including in favour of the mortgager against whom proceedings were initiated by the Federal Bank, (see Ext.P5 tax receipt, Ext.P6 location certificate and Ext.P7 possession certificate) Ext.P8 tax receipt is stated to be in favour of the predecessors in interest of the defendant in O.A.No.53/2012. WPC Nos.19923 and 26243 of 2023 6 (3) The right of the Government, if any, proceed against the property in question can be reserved, making it clear that I have not expressed any opinion against the Government. In the result, these writ petitions are disposed of. The second respondent in W.P.(C)No.26243 of 2023 is directed to effect mutation in respect of the property covered by Ext.P1 sale certificate in favour of the petitioner in W.P.(C)No.26243 of 2023. However, it is made clear that mutation in favour of the petitioner in W.P.(C)No.26243 of 2023 will not prejudice to the right of the Government to initiate legal action against the properties in question, if such action is permissible, in terms of the law. Sd/- **GOPINATH P., JUDGE** rkj WPC Nos.19923 and 26243 of 2023 7 ## **`APPENDIX OF WP(C) 19923/2023`** - `PETITIONER EXHIBITS Exhibit P-1 COPY OF THE FINAL ORDER DATED 18.03.2013 PASSED BY THE DRT, ERNAKULAM IN OA 53/2012` - `Exhibit P-2 COPY OF THE ORIGINAL TITLE DEED NO.2336/2007 DATED 23.04.2007 OF KUTTANELLOOR SRO` - `Exhibit P-3 COPY OF THE TAX RECEIPT DATED 05.05.2007 IN FAVOUR OF P.V.ANTONY` - `Exhibit P-4 COPY OF TAX RECEIPT DATED 15.03.07 ISSUED IN FAVOUR OF THE PREVIOUS OWNER I.E. THE VENDOR IN EXT.P-2 SRI.SIVADADSAN` - `Exhibit P-5 COPY OF THE LOCATION CERTIFICATE NO 1183 /07 DATED 15.03.07` - `Exhibit P-5(a) COPY OF POSSESSION CERTIFICATE NO 1182 / 07 DATED 15.03.2007 ISSUED BY THE VILLAGE OFFICER, PUTHUR IN FAVOUR OF THE BORROWER SRI.P.V.ANTONY` - `Exhibit P-6 COPY OF THE SALE CERTIFICATE DATED 01.03.2023 ISSUED BY THE RECOVERY OFFICER,DRT-2 ERNAKULAM IN TDRC NO 900/2016 (DRC NO 3834 IN OA 53/2012 )` - `Exhibit P-6(a) COPY OF THE NOTICE DATED 20.04.2023 ISSUED BY THE RECOVERY OFFICER` - `Exhibit P-7 COPY OF THE COMMUNICATION DATED 12.5.2023 ISSUED BY THE VILLAGE OFFICER, PUTHUR` - `Exhibit P-8 COPY OF THE RELEVANT PORTION OF THE ENCUMBRANCE CERTIFICATE DATED 17.03.2023 ISSUED BY THE SRO, KUTTANELLOOR` WPC Nos.19923 and 26243 of 2023 8 ## **`APPENDIX OF WP(C) 26243/2023`** ``` PETITIONER EXHIBITS Exhibit P-1TRUE COPY OF THE SALE CERTIFICATE DATED 01.03.2023 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER Exhibit P-2TRUE COPY OF THE LETTER DATED 20.04.2023 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT Exhibit P-3TRUE COPY OF THE COMMUNICATION DATED 12.05.2023 ISSUED BY THE VILLAGE OFFICER, PUTHUR Exhibit P-4TRUE COPY OF THE ORIGINAL TITLE DEED NO.2336/2007 OF KUTTANELLUR SRO IN FAVOUR OF P.V. ANTONY Exhibit P-5COPY OF THE TAX RECEIPT DATED 05.05.2007 IN FAVOUR OF P.V. ANTONY Exhibit P-6TRUE COPY OF THE LOCATION CERTIFICATE NO.1183/2007 DATED 15.03.2007 IN FAVOUR OF P.V. ANTONY Exhibit P-7TRUE COPY OF THE POSSESSION CERTIFICATE NO.1182/2007 DATED 15.03.2007 IN FAVOUR OF P.V. ANTONY Exhibit P-8TRUE COPY OF THE TAX RECEIPT DATED 15.03.2007 IN FAVOUR OF SRI SIVADASAN Exhibit P-9TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 29.03.2023 ISSUED BY THE KUTTANELLUR SRO Exhibit P-10TRUE COPY OF THE LETTER DATED 02.08.2023 OF THE TAHSILDER, THRISSUR ADDRESSED TO THE DISTRICT COLLECTOR ```