Kerala High Court
Pnb Housing Finance Ltd vs The Sub Registrar on 14 July, 2025
2025:KER:51723
WP(C) No. 11660 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 11660 OF 2025
PETITIONER:
PNB HOUSING FINANCE LTD.,
48/559C, 1ST FLOOR, RP ARCADE,
NEAR GOLD SOUK MALL, PONNURUNNI,
VYTILLA, ERNAKULAM, PIN-682019
REPRESENTED BY ITS AUTHORISED OFFICER
AJITH K.P.
BY ADVS.
SHRI.MADHU RADHAKRISHNAN
SHRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
SHRI.JESWIN JACOB
RESPONDENTS:
1 THE SUB REGISTRAR,
ERNAKULAM SRO, SECOND FLOOR,
PERUMPILLY BUILDING, MAHATMA GANDHI ROAD,
KPCC JUNCTION, ERNAKULAM, KERALA, PIN-682011
2 THE VILLAGE OFFICER,
ERNAKULAM VILLAGE, MARINE DRIVE,
ERNAKULAM, KERALA, PIN-682011
3 MENANA RAMACHANDRA SREENIVASA BHAT,
AGED 54 YEARS, RESIDING AT NO. 502,
MOSACO APARTMENTS, NEHRU AVENUE CROSS ROAD,
2025:KER:51723
WP(C) No. 11660 of 2025
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LALBAGH, MANGALORE, KARNATAKA ALSO AT MENANA
HOUSE, DOOR NO.IX/50 OF CHELLANAM PANCHAYAT,
KANNAMALY P.O., KUMBALANGI VILLAGE,
KOCHI TALUK, ERNAKULAM-682008, PIN-575003
4 VEENA,
AGED 49 YEARS,
W/O. MENANA RAMACHANDRA SREENIVASA BHAT,
BLUE WATER FOODS & EXPORTS PVT. LTD.,
281 282 INDUSTRIAL AREA, NABAIKAMPADY, BYKANPADY,
MANGALORE, KARNATAKA ALSO AT MENANA HOUSE,
DOOR NO.IX/50 OF CHELLANAM PANCHAYAT,
KANNAMALY P.O., KUMBALANGI VILLAGE,
KOCHI TALUK, ERNAKULAM-682008, PIN-575011
5 TATASTHA REALTORS PRIVATE LTD.,
FLAT NO.285, FOURTH FLOOR, DDA FLATS, POCKET A,
BLOCK A, BAKKARWALA, WEST DELHI, NEW DELHI
REPRESENTED BY ITS DIRECTOR,
DEVANSHU SAHOO, PIN-110041
6 JOEL VARGHESE,
AGED 24 YEARS, S/O. A.F. VARGHESE,
RESIDING AT VILLA NO.15, 47/179-49,
LORDS COTTAGE PHASE 1, HEAVENLY HOME,
KARSHAKA ROAD, GREEN GARDEN COLONY,
VADUTHALA, ERNAKULAM, PIN-682023
R1&R2 SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:51723
WP(C) No. 11660 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 11660 of 2025
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Dated this the 14th day of July, 2025
JUDGMENT
The Writ Petition is filed with the following prayers:-
(i) Issue a Writ of Mandamus directing the 1 st respondent to register the Exhibit P3 sale certificate dated 31.12.2024 issued in favour of the 5th respondent by the secured creditor under SARFAESI Act with respect to the mortgaged property No.1.
(ii) Issue a Writ of Mandamus or any other appropriate writ order of direction directing the 1 st respondent to efface/delete all the attachments reflecting on the mortgaged property.
(iii) Issue a Writ of Mandamus directing the 2 nd respondent to carry out the mutations of the secured asset in favour of the purchaser/s, on registration of the sale certificate.
(iv) Pass such other writ order or direction as this Hon'ble court may deem fit and proper.
(v) Award the costs of the Writ Petition.
2025:KER:51723 WP(C) No. 11660 of 2025 -4-
2. As regards the prayers, both sides submit that the issue is covered by the judgment of this Court in Fathima v. Canara Bank [2025 (3) KLT 367].
3. Accordingly, the prayer for registering Ext.P3 sale certificate issued in favour of the 5th respondent has to be allowed. Consequently, there will be a direction to the 1 st respondent to register Ext.P3 sale certificate dated 31.12.2024 in favour of the 5 th respondent within one month from the date of presentation of the documents.
4. As regards the second prayer, the petitioner will have to take appropriate steps as directed in the above judgment. On the 1 st respondent registering Ext.P3 sale certificate, the 2nd respondent will consider the request of the petitioner for mutation of the secured assets in favour of the purchaser, without further delay.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:51723 WP(C) No. 11660 of 2025 -5- APPENDIX OF WP(C) 11660/2025 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEPOSITION OF TITLE DEED DATED 30-04-2018 Exhibit P2 THE TRUE COPY OF THE DEPOSITION OF TITLE DEED DATED 17-05-2018 Exhibit P3 TRUE COPY OF THE SALE CERTIFICATE DATED 31/12/2024 ISSUED BY THE PETITIONER IN FAVOUR OF RESPONDENT NO.5 Exhibit P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO. 3758/2025 DATED 28/02/2025 Exhibit P5 TRUE COPY OF THE ORDER DATED 6/6/2022 PASSED BY THE HON'BLE 1ST ADDITIONAL SUB COURT ERNAKULAM IN IA 2/2021 IN OS NO. 199/2021 Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 20/10/2022 PASSED BY THE HON'BLE 1ST ADDITIONAL SUB COURT ERNAKULAM IN OS NO.199/2021 Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN WPC 16745/2018 PASSED BY THE HON'BLE HIGH COURT OF KERALA Exhibit P8 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO. 3956/2019 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.
27827/ 2020 PASSED BY THE HON'BLE HIGH COURT OF KERALA Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC NO.
5241/2022 DATED 23/3/2022 PASSED BY THE HON'BLE HIGH COURT OF KERALA