LAWS(KER)-2018-2-630

PRADEEP S Vs. STATE OF KERALA & ORS.

Decided On February 22, 2018
Pradeep S Appellant
V/S
STATE OF KERALA And ORS. Respondents

JUDGEMENT

(1.) According to the petitioner, petitioner purchased an extent of 95 sq.mtrs. and 01 Are and 10 Sq. mtrs. of properties situate in Re-survey Nos.690/24 and 690/25 in Mangad Village, Kollam Taluk, Kollam District in an e-auction conducted by the State Bank of India, for a total consideration of Rs. 49,01,000/-. The 4th respondent executed the sale on behalf of the State Bank of India and petitioner obtained a Sale Certificate dated 26.07.2017. Thereafter, petitioner has submitted an application for mutation of his property on 02.08.2017 before the 3rd respondent. But, the 3rd respondent refused to effect mutation and returned the application informing that, since there are outstanding dues on account of revenue to the State Government by the original debtor, mutation cannot be effected. It is thus seeking appropriate directions, this writ petition is filed.

(2.) Petitioner is also seeking the benefits of the proposition of law laid down by this Court in 'Thulasibhai v. State of Kerala' [2010 (4) KHC 142] and the judgment in 'State Bank of Travancore v. The Additional Thahasildar' dated 03.01.2011 .

(3.) A statement is filed for and on behalf of the additional 10th respondent, detailing the amounts due from the owner of the property which was purchased by the petitioner in e-auction conducted by the State Bank of India, which are as follows: <FRM>JUDGEMENT_630_LAWS(KER)2_2018_1.html</FRM>