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2021 Supreme(Online)(KER) 32872

HIGH COURT OF KERALA
Devan Ramachandran, J
ANILKUMAR – Appellant
Versus
TAHASILDAR, – Respondent


Advocates:
SRI.M.G.JEEVAN, SRI.BILAL NIAMATHULLA, SMT.SANIYA JOSE MAMPILLY, SRI.ASHWIN SETHUMADHAVAN- SR.GP

JUDGMENT

The petitioner has approached this Court alleging that his request for transfer of Registry and remittance of land tax over the property involved in this case have been refused by respondents merely saying that there is an order of attachment reflected on it.

2. Sri.M.G.Jeevan, learned counsel for the petitioner, submitted that the law has now been well established that even if there is an order of attachment, the transfer of Registry or remittance of land tax cannot be impeded by the competent Authority; and that, in any event of the matter, such attachment runs with the property and that his client will be obligated to abide by the same, subject to his available remedies.

3. In response, Sri.Aswin Sethumadhavan, learned Senior Government Pleader, submitted that respondents were incapacitated from acceding to the request of the petitioner because they noticed that the order of attachment has been reflected in Ext.P8 Encumbrance Certificate. He submitted that, however, if this Court is so inclined, they will accede to the request of the petitioner, provided they comply with all other legal requirements; however, making necessary endorsement in the records regarding the pende

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