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2026 Supreme(Online)(Ker) 14890

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
V.O. OOPPAY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.SHAJ, SMT.BEENA N.KARTHA, SRI.ARUN CHAND, SHRI.BHARAT VIJAY P., SHRI.KEVIN JAMES, SHRI.AKASH JOSHI, SMT.MINU VITTORRIA PAULSON, SMT.GOPIKA GOPAL, SMT.ARCHANA P.P., SHRI.REN SHIBU, SMT.SHEHROON PATEL A.K., SHRI.ISSAC MELVIN B.O., SHRI.ALVIN JOSEPH
For the Respondents: SRI. K. M. FAISAL, GP

JUDGMENT

(Dated this the 26th day of February, 2026)

The writ petition has been filed under Article 226 of the constitution of India.

2. The writ petition has been preferred by a person, who had purchased an apartment from the 8th respondent builder, in an apartment complex by name 'Atlas Celestial Park', through the purchase effected by Ext.P1 sale deed. The petitioner obtained the said property of the apartment together with a fraction of the undivided share in the land, common areas and facilities. In the writ petition the grievance of the petitioner is essentially with regard to Ext.P3 Encumbrance Certificate that was issued to them where, apart from the purchase of the apartment by the petitioner being shown as an encumbrance to the property, subsequent attachment effected at the instance of the revenue, as also at the instance of the various creditors of the builder, have been noted as encumbrances to the property purchased by the petitioner. It is the specific case of the learned counsel for the petitioner that the attachments made through the civil court have since been lifted and what remains now is the revenue attachments consequent to the revenue recovery proceedings in

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