Petitioner has approached this Court on account of refusal to effect mutation and also to accept land tax. Petitioner claims his title and possession based on Ext.P1. Petitioner sold 6.5 cents of land which is part of a larger extent of the property covered by Ext.P1. It seems that the property belonged to the petitioner covered by Ext.P1 is proceeded for recovery of the loan amount due from the petitioner and on account of the attachment ordered by Civil Court, the revenue officials refused to effect mutation in favour of the vendee of the petitioner and to accept basic tax in respect of the land based on Ext.P1. The right of the petitioner over the property will not be lost merely because an attachment is pending. The right of the Bank to recover any loan amount out of the property belonged to the petitioner is also not lost by payment of basic tax or effecting transfer of registry in favour of the vendee of the petitioner. Therefore, there shall be a direction to the revenue officials to effect mutation in respect of the property sold by the petitioner and also to receive basic tax from the petitioner as well as vendee in respect of the remaining land covered by Ext.P1.
W.P(C).No.18125 of 2014 M 2 However, it is made clear that this will not stand in the way of the 4th respondent/Bank in proceeding against the property covered by Ext.P1 for any liability and any transfer of registry will be subject to the right of the Bank to proceed against the petitioner.
Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/08/10/14