STANLEY SEBASTIAN Vs. TAHSILDAR

JUDGEMENT

(1.) THE petitioner is the owner in possession of 13 cents of land comprised in Sy.No.724 of the erstwhile Pasupara Village. The property was originally purchased by the father of the petitioner one Mr.James as per sale deed No.3212/1999 of Peermedu SRO and mutation was effected as per Thandapper No.4583 of Vagamon Village. Thereafter possession certificate was issued as per Exhibit P1. By sale deed No.3711/06, the father of the petitioner assigned the said property along with a shop room bearing Door No.III/143 of Ealappara Village, in favour of the petitioner. Various other transactions are also referred to in paragraphs 4 to 7 of the Writ Petition. Exhibit P4 is the possession certificate issued to the petitioner in respect of another item of 16.19 Ares of property.

(2.) RECENTLY , the petitioner applied for a loan from the HDFC Bank, Ernakulam and the Bank has sanctioned the same as per letter dated 20.9.2012. Towards security to the loan, equitable mortgage of 24 cents of property together with a 2000 Sq.Ft. godown building in Survey No.8/9 of Erattupetta Village and four items of properties comprised in Thandapper No.5778 of Vagamon Village were offered. The petitioner has to produce the sketch and certificate evidencing possession of the property before the Bank. The petitioner therefore approached the 2nd respondent with an application dated 19.9.2012, seeking for the issuance of the possession certificate and a sketch in respect of 16.19 Ares of property covered by sale deed No.3712, 12.55 Ares covered by sale deed No.1718/7 of Peermedu SRO and 5.26 Ares covered by sale deed No.3711/2006 all of which are comprised in Survey No.724 of Vagamon Village. Exhibit P5 is the said application.

(3.) THE learned counsel for the petitioner submits that the survey number shown in the documents and other records is 724 of Vagamon Village and there is no mistake in the same also. Therefore it is unnecessary to conduct an inspection through the Taluk Surveyor, whereas the learned Special Government Pleader submitted that the Village Officer felt that the survey number will have to be verified with the assistance of the Taluk Surveyor and it was only for that reason, he was asked to approach the Tahsildar.