SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Ker) 566

C.N.RAMACHANDRAN NAIR
Kurianm Jose, Proprietor – Appellant
Versus
Kerala State Financial Corporation – Respondent


Advocates appeared:
For the Petitioners:George Thomas (Mevada), Advocate. For the Respondents:Sajeev Kumar K.Gopal, Advocate.

Judgment :-

W.P.(C) is filed by the petitioner who purchased an industrial plot with buildings thereon sold by the KFC in Revenue Recovery proceedings for recovery of arrears due from the borrower. Even though petitioner paid full sale consideration to KFC, the Panchayat has demanded arrears of property tax due from the previous owner for the buildings situated therein. The Kerala Water Authority also seems to be demanding arrears of water charges payable by the previous owner. It is against these demands the W.P. is filed. I heard Sri.George Thomas, counsel appearing for the petitioner and Government Pleader appearing for the State.

2. The contention of counsel for the petitioner is that purchase under the Revenue Recovery Act is subject to Section 60 of the Act which entitles the purchaser to get the immovable property purchased in Revenue sale free of all encumbrances and so much so, neither the Panchayat nor the Water Authority are entitled to demand property tax for the buildings or arrears of water charges payable by the previous owner. I find that sub-section (3) of Section 203 of the Kerala Panchayat Raj Act creates a charge on the building for the property tax liability. Se







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top