K.R.Asokan vs State Of Kerala on 21 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32320 of 2007(V)


1. K.R.ASOKAN, S/O. RAMAKRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE TAHSILDAR,

3. THE VILLAGE OFFICER,

                For Petitioner  :SRI.N.N.ELAYATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/11/2007

 O R D E R
                  ANTONY DOMINIC, J
                        -------------------
                    W.P.(C). 32320/2007
                        --------------------
        Dated this the 21st day of November, 2007

                        JUDGMENT

The petitioner who has purchased portion of a

building has approached this Court on account of the

refusal of the second respondent to effect mutation of that

portion of the property purchased by him. It is stated that

such refusal was on account of the default committed by

the transferor in the matter of payment of building tax for

the period prior to the sale. Petitioner also points out to

the fact that the tax liability of the transferor is the

subject matter of W.P.(C).20978/2007 filed by him, in

which Ext.P3 order of conditional stay has been passed by

this Court.

2. Irrespective of the contentions that are raised by

the petitioner, it is submitted that he is willing to pay the

building tax in respect of the portion of the building he

has purchased. If that be so, there is no reason why to

deny mutation on account of the dispute raised by the

transferor.

W.P.(C).32320/2007
2

3. Therefore, I direct that if the petitioner remits the

proportionate amount of building tax, respondents shall

effect mutation of the portion of the building that is

purchased by the petitioner.

Writ petition is disposed of as above.

ANTONY DOMINIC
Judge

mrcs