Wp(C)/3235/2022 Of The South Indian Bank Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 1 DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 3235 OF 2022 PETITIONERS: 1THE SOUTH INDIAN BANK LTD.HAVING ITS REGISTERED OFFICE AND HEAD OFFICE, MISSION QUARTERS, T.B. ROAD, THRISSUR 680 001 REPRESENTED BY ITS ASST GENERAL MANAGER.2THE AUTHORIZED OFFCIER AND CHIEF MANAGER THE SOUTH INDIAN BANK LIMITED, REGIONAL OFFICE, PLATINUM JUBILEE BUILDING, FIRST FLOOR, AYYANTHOLE, THRISSUR 680 003.3THE ASST. GENERAL MANAGER,CREDIT RECOVERY DEPARTMENT, THE SOUTH INDIAN BANK LTD, MAIN BRANCH, ROUND SOUTH, THRISSUR 680 001.BY ADVS.K.K.CHANDRAN PILLAI (SR.)S.AMBILYMICKY THOMAS RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE, AYAKAR BHAVAN, SAKTHAN THAMPURAM, NAGAR, MUNICIPAL OFFICE ROAD, THRISSUR 680 001.2THE PRINCIPAL COMMISSIONER OF INCOME TAX,(CENTRAL), 5TH FLOOR, KANDANKULATHY BUILDING, OPP. MAHARAJA'S COLLEGE, M.G. ROAD, KOCHI 682 011.3THE RECOVERY OFFICER CORPORATE,INCOME TAX DEPARTMENT, CR BUILDING, IS PRESS ROAD, KOCHI 682 018.4THE SUB REGISTRAR, SUB REGISTRY OFFICE, PUTHENCRUZ, ERNAKULAM DISTRICT682 308.5THE VILLAGE OFFICER, VILLAGE OFFICE, PUTHENCRUZ, WP(C) NO. 3235 OF 2022 2 ERNAKULAM DISTRICT - 682 308.6STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001.BY ADVS.P.K.RAVINDRANATHA MENON (SR.)JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA SMT.RESMITHA RAMACHANDRAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 01.04.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: JUDGMENT The South Indian Bank Ltd., which is a BankingCompany incorporated under the provisions of theCompanies Act, 1956, has approached this Courtseeking a direction to the 4[th] respondent – SubRegistrar, to register the Sale Deed with respect tothe property which is described as Item No.9 inExt.P1, after effacing all orders of attachment overit obtained by the respondents. 2. The afore request of the petitioners, as madeby Shri.K.K.Chandran Pillai, learned Senior Counsel,instructed by Smt.Ambili S., learned Standing Counselfor the petitioners, was answered by Smt.ResmithaRamachandran - learned Government Pleader, affirmingthat there are no attachments towards Public Revenueor arrears of Tax on Item No.9 in Ext.P1 and thusprayed that any relief in this writ petition beconfined to that property alone. 3. Shri.Jose Joseph - learned Standing Counsel for respondents 1 to 3, conceded that, though thereare some liabilities against the original owner ofthe property, it will not carry a better charge thanthat what is claimed by the petitioner – Bank. Taking note of the afore submissions, I orderthis writ petition and direct the 4[th] respondent – SubRegistrar, to register any Sale Deed with respect toItem No.9 in Ext.P1, as and when it is presented bythe petitioner - Bank or the buyer; in which event itshall be acceded to, after erasure of all theattachments over it, so as to enable the purchaser todeal with it in terms of law. The afore shall be done within a period of oneweek from the date on which the document is presentedfor such purpose before the said Authority. Needless to say, on the document being soregistered, I leave liberty to the purchaser of theproperty to approach the Tahsildar and the VillageOfficer for transfer of Registry of the propertycovered by it, as also for payment of land tax over it, which shall be acceded to by the said Authoritywithout any avoidable delay thereafter. MC/1.4 Sd/- DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 3235/2022 PETITIONER EXHIBITS Exhibit P1COPY OF DEMAND NOTICE DATED 08.01.2016 ISSUED BY THE PETITIONERS TO THE BORROWER AND GUARANTORS. Exhibit P2COPY OF POSSESSION NOTICE DATED 02.04.2016ISSUED BY THE PETITIONERS TO THE GUARANTORS. The afore shall be done within a period of oneweek from the date on which the document is presentedfor such purpose before the said Authority. Needless to say, on the document being soregistered, I leave liberty to the purchaser of theproperty to approach the Tahsildar and the VillageOfficer for transfer of Registry of the propertycovered by it, as also for payment of land tax over it, which shall be acceded to by the said Authoritywithout any avoidable delay thereafter. MC/1.4 Sd/- DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 3235/2022 PETITIONER EXHIBITS Exhibit P1COPY OF DEMAND NOTICE DATED 08.01.2016 ISSUED BY THE PETITIONERS TO THE BORROWER AND GUARANTORS. Exhibit P2COPY OF POSSESSION NOTICE DATED 02.04.2016ISSUED BY THE PETITIONERS TO THE GUARANTORS. Exhibit P3COPY OF ENCUMBRANCE CERTIFICATE DATED 01.02.2021 OF THE SUB REGISTRY OFFICE, PUTHENCRUZ. Exhibit P4COPY OF REPRESENTATION DATED 19.04.21 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT. Exhibit P5COPY OF REPRESENTATION DATED 30.7.21 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT. Exhibit P6COPY OF NOTICE DATED 07.10.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P7COPY OF LETTER DATED 08.09.2013 ISSUED BY THE GUARANTOR CONFIRMING DEPOSIT OF TITLE DEEDS.