VARGHESE PADICKAPARAMBIL CHACKO Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) These petitions are filed by two apartment owners residing in Apple residency Apartment at Nedumbassery being aggrieved by the refusal on the part of the 2nd respondent in receiving land tax for their undivided share in their respective apartments and for a further direction to issue revenue records. Since both these petitions raise the very same issue, they are taken up and disposed of together with the consent of the learned counsel appearing for both sides.

(2.) The petitioners state that by separate sale deeds executed in their favor on 24.03.2007, copies of which are produced as Exhibit P1 in the respective petitions, they came into undisputed title and possession of Flat No B-9 and Flat No B-11 in Apple residency Apartment at Nedumbassery together with the undivided share in the common property attached to the ownership of the individual apartments. They contend that when they approached the 2nd respondent for remitting land tax and for issuance of possession certificates, the same was refused on the ground that the builder is involved in numerous cases and attachments have been effected in those suits. The 4th respondent is the administrator appointed by the Court to ensure that the interest of the creditors are protected. It is contended by the petitioners that the attachments were all effected much after the purchase of the property by the petitioners herein. It is in the afore circumstances that they have approached this Court seeking for issuance of directions to the 2nd respondent.

(3.) I have heard Sri.K.R. Sunil, the learned counsel appearing for the petitioner and Sri. K.P.Harish, the learned Senior Government Pleader and Sri.Vinod Madhavan, the learned counsel who appeared for the administrator.