K.P.JAYAN Vs. SURYANARAYANAN

JUDGEMENT

(1.) Being aggrieved by the refusal on the part of the Sub Registrar, Chelakkara, in registering a document presented by the petitioner on the ground that there is a subsisting attachment towards the liabilities of the previous owner, the petitioner is before this Court seeking directions.

(2.) The petitioner states that he is the owner in title and possession of property having an extent of 8.09 Ares falling in Re-survey No.229/4 of Vengalur Village. The said property was acquired by him on the strength of Ext.P1 sale deed vide No.1474 of 2014 of the Chelakkara Sub Registrar's Officer executed in his favour by the 1st respondent herein. He states that he has effected mutation and has been paying tax as is evident from Ext.P2 tax receipt.

(3.) According to the petitioner, he decided to assign a portion of the property for which he prepared a draft deed and presented the same for registration before the 5th respondent. Along with the draft deed, he has also produced the tax receipt, possession certificate as well as Record of Right Certificate. When the document was presented for registration, the 5th respondent refused to register the same on the ground that there is a subsisting attachment over the property in connection with a vehicle loan availed by the previous owner from the 2nd respondent bank. According to the petitioner, the petitioner is the absolute owner and no fetters can be placed on the right of the petitioner to assign his property. It is in the aforesaid circumstances that he has approached this Court seeking a direction to the respondents to call for the records leading to the issuance of Ext.P9 and for quashing the same and for incidental reliefs. He has also sought for a direction to the 5th respondent to register Ext.P5 sale deed untrammelled by the attachment order and revenue recovery proceedings initiated under Exts.P8 and P9 order.