Kerala High Court
V. K. Mohanan Nair vs State Of Kerala on 26 February, 2026
WP(C) NO. 1733 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 1733 OF 2026
PETITIONER:
V. K. MOHANAN NAIR,
AGED 72 YEARS
S/O.KESAVAN NAIR, RESIDING AT DOOR NO. VIII/445,
VAZHOOR GRAMA PANCHAYATH, VADAKKECHUZHIKUNNEL HOUSE,
VAZHOOR KARA, VAZHOOR (P.O.), VAZHOOR VILLAGE,
CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, KERALA,
PIN - 686504
BY ADVS.
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
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF TAXES,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 THE INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
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VANCHIYOOR, THIRUVANANTHAPURAM., PIN - 695035
3 THE SUB-REGISTRAR
SUB REGISTRAR'S OFFICE, SUB REGISTRAR'S OFFICE,
ANGAMALY, ERNAKULAM DISTRICT., PIN - 683572
4 THE TAHSILDAR
ALUVA, TALUK OFFICE, MINI CIVIL STATION, ALUVA,
ERNAKULAM DISTRICT., PIN - 683101
5 THE VILLAGE OFFICER
VILLAGE OFFICE, ANGAMALY VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT., PIN - 683572
6 THE SPECIAL TAHSILDAR
REVENUE RECOVERY, ALUVA TALUK OFFICE, MINI CIVIL
STATION, ERNAKULAM DISTRICT., PIN - 683101
7 THE TAX RECOVERY OFFICER
OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX
CORPORATE, 1ST FLOOR, C.R. BUILDING, I.S. PRESS ROAD,
KOCHI, ERNAKULAM., PIN - 682031
8 M/S. ATLASGOLD TOWNSHIP (INDIA) PRIVATE LIMITED
REPRESENTED BY ITS GENERAL MANAGER, HAVING ITS
REGISTERED OFFICE AT 249A WARD XI, SHIVA NARAYANA
TEMPLE, NSS JUNCTION, NEDUMBASSERY, NAYATHODE P.O.,
ERNAKULAM DISTRICT., PIN - 683572
OTHER PRESENT:
SRI. K. M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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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 8 th 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
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have since been lifted and what remains now is the revenue
attachments consequent to the revenue recovery proceedings
initiated against the 8th respondent builder for default of tax
amounts. It is the case of the petitioner that these
attachments cannot be mentioned in an Encumbrance
Certificate pertaining to their property since none of the
liabilities shown through the entries point to an encumbrance
on their property.
3. I have heard the learned counsel for the petitioner and
the learned Government Pleader for the respondents.
4. On a consideration of the facts and circumstances of
the case and the submissions made across the Bar, I find force
in the contentions of the learned counsel for the petitioner that
the encumbrances noted against the builder of the property
cannot find mention in the Encumbrance Certificate issued to
the petitioner, more so, when the petitioner is not defaulters in
respect of any tax. Any default occasioned by the builder,
subsequent to the sale of the apartment to the petitioner,
cannot prejudicially affect the petitioners’ proprietary rights
over the property in question.
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Accordingly, these writ petitions are allowed by quashing
Ext.P3 Encumbrance Certificate in all the writ petitions, and
directing the 3rd respondent to issue fresh Encumbrance
Certificates to the petitioner that do not reflect any of the
liabilities of the 8th respondent or any other person, incurred
subsequent to the date of purchase of the property by the
petitioner. The 3rd respondent shall, while issuing the fresh
Encumbrance Certificates, as directed, also make
consequential changes in the original records at the Sub
Registrar’s Office, Angamaly. The 3rd respondent shall do the
needful to comply with the directions in this judgment within a
period of three weeks from the date of receipt of a copy of this
judgment.
Sd/-
BASANT BALAJI,
JUDGE
saap
WP(C) NO. 1733 OF 2026
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APPENDIX OF WP(C) NO. 1733 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.
4050/ǀ/2012 DATED 20/09/2012 OF ANGAMALY SRO.
Exhibit P2 THE TRUE COPY OF THE RECEIPT NO.
KL07041615261/2025 OF PROPERTY TAX PAID DATED
19/12/2025 ISSUED TO THE PETITIONER.
Exhibit P2(a) THE TRUE COPY OF THE RECEIPT NO.
KL07041615262/2025 OF PROPERTY TAX PAID DATED
19/12/2025 ISSUED TO THE PETITIONER.
Exhibit P2(b) THE TRUE COPY OF THE RECEIPT NO.
KL07041615269/2025 OF PROPERTY TAX PAID DATED
20/12/2025 ISSUED TO THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
WITH APPLICATION NO. 13573/25 DATED
04/12/2025 ISSUED BY THE REGISTRATION
DEPARTMENT TO THE PETITIONER.
Exhibit P4 THE TRUE COPY OF COMMON JUDGMENT DATED
20/11/2019 IN W.P.(C). NO.22350/2019 & OTHER
CONNECTED CASES OF THIS HON’BLE COURT.
//True copy//PA to Judge