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2012 Supreme(Ker) 574

T.R.RAMACHANDRAN NAIR
Kuriachan Chacko, Managing Partnesr, Lis (Regd. ), Palackal Court, Ernakulam – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners:M.K. Damodaran (Sr.), O.V. Maniprasad, Sajuj Panicker, Advocates. For the Respondents:R1 to R3 - Joseph George, Government Pleader, Smt. T.D. Rajalakshmi, Advocate.

JUDGMENT

1. The writ petition is filed by the petitioner challenging the alleged unauthorised endorsement of attachment made against the property of the petitioner, in the encumbrance certificate. The question raised is whether the Sub Registrar is competent to make an endorsement regarding attachment of immovable property on the basis of a request made by an investigating officer, who is conducting an investigation into certain crimes, involving the owner of the property.

2. The necessary facts for the disposal of the case, are the following:

The petitioner is the Managing Partner of a registered partnership firm 'LIS'. The firm purchased 10 cents of property included in Survey No.380/2 of Ernakulam Village, as per Ext.P1 registered assignment deed. The petitioner obtained Ext.P2 encumbrance certificate for the purpose of obtaining a loan from a bank. An attachment has been shown in the encumbrance certificate and when enquiries were made, the petitioner was supplied with the copy of a letter issued by the third respondent Assistant Commissioner of Police, Narcotic Cell, addressed to the Sub Registrar. It is mainly submitted that Ext.P3 cannot be treated as an order of attachment


















































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