The writ petition is filed inter alia seeking the following reliefs: “I. Issue a writ of mandamus or any appropriate writ, order or direction directing the 3rd respondent to issue correct certificate of encumbrance of her property having an extent of 40.47 Ares of land along with a building in Re-survey No. 868/3/1, Block no. 5 (Old Sy. No. 798/14/A/1) in Thrikkakara North Village in Kanayannur Taluk in Ernakulam District without mentioning other items of properties having attachment.
II. To call for the records leading to issuance of Ext. P3 and P6 and to quash the same by issuing a writ of certiorari of other appropriate orders.”
2. The facts involved in the case would disclose that when the petitioner obtained encumbrance certificate, it was found that there was an attachment by Madras High Court in terms of Ext. P4. The petitioner submitted a representation to the Sub Registrar to correct the entry in the encumbrance certificate, inter alia, contending that the order at Ext. P4 does not indicate any attachment of petitioner's property and it was wrongly included in the encumbrance certificate.
3. The Sub Registrar took a view that there was W.P(C) No. 9141 of 2014 -: 2 :-
some confusion with reference to the order of attachment and therefore the encumbrance was recorded in the register.
4. This Court had called for a report as per interim order dated 8.4.2014.
5. The report dated 9.5.2014 is submitted by the Additional Tahsildar, Kannayannur Taluk. It is stated that the property of the petitioner comes under Re- survey No. 868/3/1 and old Sy. No. 798/14/A-1.
6. Counsel for the petitioner submits that the report clearly indicates that her property is not under attachment.
7. Having regard to the aforesaid factual finding as available in the report, it is for the Sub Registrar to consider the said report and pass appropriate orders. In the above circumstances, the writ petition is disposed of as under:
The 3rd respondent shall consider the report dated 9.5.2014 issued by the Additional Tahsildar, Kannayannur, and pass appropriate orders within a period of two weeks from the date of receipt of a copy W.P(C) No. 9141 of 2014 -: 3 :-
of this judgment. The petitioner shall produce a copy of the report before the 3rd respondent.
Sd/- A.M. Shaffique, Judge.
Tds/