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2020 Supreme(Online)(KER) 38135

HIGH COURT OF KERALA
AMIT RAWAL, J
MARIYAMA THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.A.K.HARIDAS

JUDGMENT

Petitioner in the instant case sought an innocuous prayer for issuance of writ in the nature of mandamus directing the 7th respondent to hear and dispose of Ext.P9 appeal preferred against the Ext.P4 order dated 06.02.2017 along with the application for condonation of delay.

2. Petitioner claiming himself to be the bonafide purchaser of a property covered by Ext.P1 sale deed in respect of survey numbers referred to therein was flabbergasted to receive a notice dated 17.03.2015 from the 2nd respondent stating that the 4th respondent have a arrears of sales tax of Rs.14,56,531/- .

3. Learned counsel appearing on behalf of the petitioner submits that on receipt of the notice the petitioner submitted a reply dated 28.01.2017 stating that she is a bonafide purchaser as there was no such attachment order, the title was clear. In this regard, made all reasonable enquiries. Despite having giving the clear cut reply and taking the benefit of the provisions under Section 41 of the Transfer of Property Act, the 2nd respondent cancelled the transfer of register of the property ie., the mutation. Petitioner though had earlier filed a civil suit No.17/2017 seeking prohibitory injunction b

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