Wp(C)/30982/2023 Of Mohammed Dileep v. Income Tax Department

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 22ND DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945 WP(C) NO. 30982 OF 2023 PETITIONER/S: MOHAMMED DILEEPAGED 52 YEARSTHADATHIL PUTHUPARAMBIL, NALUNNAKKAL P.O., VAKATHANAM, CHANGANACHERY, KOTTAYAM DISTRICT., PIN - 686538BY ADVS.S.SANTOSH KUMAR (PERUNAD)DEEPAK THOMASBINU VARGHESE RESPONDENT/S: 1INCOME TAX DEPARTMENTTHE COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1, CR BUILDING, IS PRESS ROAD, KOCHI, PIN - 6820182INCOME TAX DEPARTMENTASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1, CR BUILDING, IS PRESS ROAD, KOCHI, PIN - 6820183V.S.RAMAKRISHNANRAMA RADHA NILAYAM, VENNALA P.O., KOCHI., PIN - 6820284SANGEETH KRISHNAS/O. DILEEP, VALIYAPARAMBIL HOUSE, KULIMUTTAM VILLAGE, KODUNGALLOOR, PIN - 6806915DILEEPVALIYAPARAMBIL HOUSE, KULIMUTTAM VILLAGE, KODUNGALLOOR, PIN - 682691 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner says that title documents ofhis property - which was entrusted to the 3[rd]respondent - was seized from him by respondents 1and 2, during raid on his house and officepremises. He says that, however, since he is theowner of the property, the documents are liableto be returned to him; and therefore, that heapproached the said respondents, who have,however, declined to accede to it. He says thathe has, therefore, been constrained to approachthis Court, through this writ petition. 2.Sri.Navaneeth N.Nath – learned StandingCounsel for respondents 1 and 2, submitted thatthough the title documents can be released by hisclients, the question is, to whom it should bedone. He explained that his clients are in a dilemma because, though the title documents arein the name of the petitioner, it was takenpossession of from the house of the 3[rd]respondent. 3. I see from the records that even thoughsummons from this Court has been validly servedon the 3[rd] respondent, he has chosen not to bepresent in person or to be represented throughcounsel; thus inferentially guiding me to theimpression that he has nothing to offer inopposition to the reliefs claimed by thepetitioner. 4\. I, therefore, put it to Sri. NavaneethN.Nath if, when the 3[rd] respondent, is refusingto even appear before this Court, his clientwould have any objection in the title documentsbeen handed over to the petitioner. He answeredthat they impel no objection; but that they may be sufficiently protected, if any claim is to bemade by the 3[rd] respondent in future. Taking note of the afore submissions, I allowthis writ petition and direct respondents 1 and 2to hand over the title documents in question tothe petitioner, on proper receipt and onobtaining a Bond from him that he will hold themindemnified against any claim to be made againstthe property or the documents by the 3rdrespondent in future. SAS DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 30982/2023 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE TITLE DEED NO.505/2014 DATED 18.03.2014 OF UDUMBANCHOLA SUB REGISTRAR OFFICE BELONGING TO THE PETITIONER.Exhibit P2TRUE COPY OF THE TITLE DEED NO.1774/2013 DATED20.08.2013 OF UDUMBANCHOLA SUB REGISTRAR OFFICE BELONGING TO THE PETITIONER. be sufficiently protected, if any claim is to bemade by the 3[rd] respondent in future. Taking note of the afore submissions, I allowthis writ petition and direct respondents 1 and 2to hand over the title documents in question tothe petitioner, on proper receipt and onobtaining a Bond from him that he will hold themindemnified against any claim to be made againstthe property or the documents by the 3rdrespondent in future. SAS DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 30982/2023 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE TITLE DEED NO.505/2014 DATED 18.03.2014 OF UDUMBANCHOLA SUB REGISTRAR OFFICE BELONGING TO THE PETITIONER.Exhibit P2TRUE COPY OF THE TITLE DEED NO.1774/2013 DATED20.08.2013 OF UDUMBANCHOLA SUB REGISTRAR OFFICE BELONGING TO THE PETITIONER. Exhibit P3TRUE COPY OF THE TITLE DEED NO.434/2015 DATED 17.03.2015 OF UDUMBANCHOLA SUB REGISTRAR OFFICE BELONGING TO THE PETITIONER.Exhibit P4TRUE COPY OF THE TITLE DEED NO.435/2015 DATED 17.03.2015 OF UDUMBANCHOLA SUB REGISTRAR OFFICE BELONGING TO THE PETITIONER.Exhibit P5TRUE COPY OF THE TITLE DEED NO.436/2015 DATED 17.03.2015 OF UDUMBANCHOLA SUB REGISTRAR OFFICE BELONGING TO THE PETITIONER.Exhibit P6TRUE COPY OF THE AGREEMENT DATED 11.08.2020 BETWEEN THE PETITIONER AND THE CO-OWNER OF THEPROPERTY IN EXHIBITS P1 TO P5.Exhibit P7TRUE COPY OF THE AGREEMENT DATED 04.07.2018 BETWEEN THE 4TH RESPONDENT AND THE PETITIONER.Exhibit P8TRUE COPY OF THE APPLICATION DATED 26.07.2021 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER