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CHERIYAN, S/O. CHERIYAN versus THE THAHASILDAR, MEENACHIL TALUK

High Court of Kerala

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CHERIYAN, S/O. CHERIYAN v. THE THAHASILDAR, MEENACHIL TALUK - WP(C) No. 17478 of 2004(E) [2007] RD-KL 12817 (12 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17478 of 2004(E)

1. CHERIYAN, S/O. CHERIYAN,
... Petitioner

Vs

1. THE THAHASILDAR, MEENACHIL TALUK,
... Respondent

For Petitioner :SRI.GEORGEKUTTY MATHEW

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :12/07/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 17478 OF 2004

Dated this the 12th day of July, 2007.



J U D G M E N T

This writ petition is filed with the following prayer:

i) issue a writ of mandamus directing the respondent to effect mutation of the Ext. P1 property in favour of the petitioner within the time limit fixed by this Honourable Court.

2. It is seen from the counter affidavit filed by the respondent that the transferor of the petitioner was a defaulter for an amount of Rs. 16,035/- with interest in respect of bank loan arrears. The particulars are also furnished in the counter affidavit. It is also stated in the counter affidavit that the transfer took place after issuance of revenue recovery notice. In the above circumstances, it will be open to the petitioner to proceed against his vendor or take steps to clear the arrears due on land. Petitioner submits that the debt is time-barred. It will be open to the petitioner also to pursue the matter in appropriate proceedings after impleading the Bank and also his vendor.

KURIAN JOSEPH, JUDGE.

smp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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