NANCY SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts.P3 and P4, whereby recovery action is initiated against the property purchased by the petitioner on account of certain revenue dues from the predecessor-in-interest of title of the property. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner has purchased a small plot in the year 2003 from one Rakhi as per Ext.P1 Sale deed. When the petitioner approached the Village Officer for payment of land tax of the property, it was refused as per Ext.P3 endorsement, stating that revenue recovery proceedings are pending against the 6th respondent viz., one K.S. Varghese, charged upon the said property. According to the petitioner, later, as per the direction of the District Collector, petitioner was permitted to pay the land tax. But the tax receipt was issued by making an endorsement of revenue recovery initiated against the 6th respondent. It is also stated that, the recovery proceedings were initiated on 09.11.2007, much after the purchase of the land by the petitioner in the year 2003. According to the petitioner, petitioner is innocent in the subject matter, since she is a bonafide purchaser of the property for value.

(3.) Along with the reply affidavit, petitioner has produced an additional document viz., Ext.P7 encumbrance certificate issued by the office of the Sub Registrar concerned, as per which, the property was initially sold by the 6th respondent on 04.07.1998 for a consideration of Rs.76, 000/- to one Philomina Ponthakkal. Thereafter, on 01.10.2002, the said Philomina Ponthakkal has sold the property to the predecessor-in-title of the property of the petitioner for a sale consideration of Rs.1, 00, 000/- and the petitioner has purchased the property on 006.2003 from the aforesaid Rakhi for an amount of Rs.3, 00, 000/-.