Sundaram Bnp Paribas Home Finance ... vs State Of Kerala
2021 Latest Caselaw 16641 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 24982 OF 2019
PETITIONER:

          SUNDARAM BNP PARIBAS HOME FINANCE LTD,
          WHICH WAS FORMERLY KNOWN AS M/S SUNDARAM HOME FINACE
          LTD., PRESENTLY WORKING AT ELIZABETH ALEXANDER MEMORIAL
          BUILDING, II FLOOR, MARINE DRIVE, COCHIN-31,REP. BY
          AUTHORISED OFFICER AND SENIOR LEGAL OFFICER, SHRI ABU
          ROSHAN ADREWS, AGED 31,S/O. JOSHY CYRIAC

          BY ADV VARGHESE C.KURIAKOSE



RESPONDENTS:

    1     STATE OF KERALA
          REP.BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT,
          TRIVANDRUM

    2     THE SUB REGISTRAR,
          SUB REGISTRAR'S OFFICE, KAPPALANDIMUKKU,MATTANCHERI,
          KOCHI-682 002

    3     THE VILLAGE OFFICER,
          RAMESWARAM VILLAGE, PALLURUTHY, KOCHI-682 006

    4     K.A.ABUL JABBAR,
          AGED 47 YEARS
          S/O. K.M.ABOOBAKKAR, C.C.4/1521 A, BERNAD COLONY,
          KUNNUPURAM ROAD, FORTKOCHI VILLAGE, KOCHI TALUK,

    5     M.M.SHOUKKATH,
          AGED 42 YEARS
          S/O. M.S.MUHAMMED KUTTY, ERAVELIL FORTKOCHI VILLAGE,
          KOCHI TALUK, ERNAKULAM

    6     AUGUSTINE JACKSON,
          AGED 42 YEARS
          S/O. PETER DOURAV, MALIAKKAL HOUSE, NAMBIAPURAM DESOM,
          RAMESWARAM VILLAGE, PALLURUTHY, KOCHI TALUK

    7     GREENY JACKSON
          AGED 39 YEARS
 WP(C) Nos.24982
& 24988 of 2019
                           2

          W/O.AUGUSTINE JACKSON, MALIAKKAL HOUSE,
          NAMBIAPURAM DESOM, RAMESWARAM VILLAGE,
          PALLURUTHY, KOCHI TALUK

          BY ADVS.
          GOVERNMENT PLEADER
          SRI.M.H.HANIS
          SRI.K.BIJU
          SRI.K.S.SREERAJ


          SMT.MABLE.C.KURIAN, SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2021, ALONG WITH WP(C).24988/2019,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.24982
& 24988 of 2019
                             3



        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH
                       SRAVANA, 1943
                  WP(C) NO. 24988 OF 2019
PETITIONER:

          SUNDARAM BNP PARIBAS HOME FINANCE LIMITED
          WHICH WAS FORMERLY KNOWN AS M/S. SUNDARAM
          HOME FINANCE LTD, PRESENTLY WORKING AT
          ELIZABETH ALEXANDER MEMORIAL BUILDING, II
          FLOOR, MARINE DRIVE, COCHIN-31, REP.BY
          AUTHORISED OFFICER AND SENIOR LEGAL OFFICER,
          SHRI ABU ROSHAN ANDREWS, AGED 31, S/O. JOSHY
          CYRIAC,

          BY ADV VARGHESE C.KURIAKOSE



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF
          REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-
          695001.

    2     THE SUB REGISTRAR,
          SUB REGISTRAR'S OFFICE, KAPPALANDIMUKKU,
          MATTANCHERI, KOCHI-682002.

    3     THE VILLAGE OFFICER,
          RAMESWARAM VILLAGE,
          PALLURUTHY, KOCHI-682006.

    4     JOSEPH JILBEN,
          AGED 35, S/O. JOHN, KOODARAPALLY HOUSE,
          THOMASPURAM, MARADU,
          MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM
          DISTRICT-682308.

    5     AUGUSTINE JACKSON,
 WP(C) Nos.24982
& 24988 of 2019
                           4

          AGED 42, S/O. PETER DOURAV,
          MALIAKKAL HOUSE,
          NAMBIAPURAM DESOM, RAMESWARAM VILLAGE,
          PALLURUTHY,KOCHI TALUK. 682314.

          BY ADVS.
          SMT.MABLE C. KURIAN, GOVERNMENT PLEADER
          SRI.BLAZE K.JOSE
          SMT.NIVEA LIZ PETER FERNANDEZ
          SMT.SHEENAMOL VARGHESE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2021, ALONG WITH WP(C).24982/2019,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.24982
& 24988 of 2019
                                           5



               P.V.KUNHIKRISHNAN, J
    ----------------------------------
    W.P.(C)Nos.24982 and 24988 of 2019
    ----------------------------------
  Dated this the 11th day of August 2021


                                  JUDGMENT

When these writ petitions came up for

consideration on 20.07.2021, this Court

passed the following order;

"This Court as per Ex.P7 judgment, issued the following directions:

"Thereafter, after hearing both nd sides, the 2 respondent SRO will decide the factual issue as to whether the impugned attachment orders concerned in these two cases have been effected after the mortgage in question. If it is found that the attachment orders have been effected after the mortgage in these cases, then the 2nd respondent SRO will take necessary steps to efface those attachments from the relevant records, as otherwise those attachments would remain as a permanent taboo prejudicially affecting the marketability and title to the property, even though they ceased to have legal efficacy, as held by this Court in Madhan's case supra. Necessary opportunity of hearing may also be afforded to the parties concerned which WP(C) Nos.24982 & 24988 of 2019

may be effected within 10 days after the receipt of the applications from the petitioner. Appropriate orders as aforestated should be passed by the 2nd respondent SRO within 2 weeks from the date of conclusion of the said hearing. Further, it is also made clear that it will also open to the petitioner to file such separate applications before the competent revenue official concerned. If he has any grievances in that matter, which may also be considered by such competent authority, after hearing the necessary parties and in the light of the above said dictum laid down by this Court in Madhan's case supra reported in 2014(1)KLT 406.

With these observations and directions, the above Writ Petition(Civil) will stand finally disposed of."

2. Now Ext.P9 order is passed, in which it is stated that the mortgage executed by the parties are not proper. If the authority who passed Ext.P9 order is aggrieved by the directions in Ext.P7 judgment, his remedy is to file a review or appeal. He cannot pass an order like Ext.P9. According to me, this is prima facie contempt and a case of flouting the directions of this Court. The 2nd respondent will file an affidavit explaining the same.

In the meanwhile, other respondents will also file a counter affidavit, if any."

2. Today, when the matter came up for

consideration, the learned Government Pleader WP(C) Nos.24982 & 24988 of 2019

submitted that the attachment is already

effaced from the registers of the Sub-

Registry, Mattancheri. The same is recorded.

The respondents are free to take any other

steps, if any, in accordance to law.

Therefore, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) Nos.24982 & 24988 of 2019

APPENDIX OF WP(C) 24988/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE LOAN AGREEMENT DATED 06.09.2011 PERTAINING TO FIRST TRANSACTION.

EXHIBIT P2 TRUE PHOTOCOPY OF THE LOAN AGREEMENT DATED 22.06.2012 PERTAINING TO SECOND TRANSACTION.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICATE.

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE PLAINT IN OS NO.292/2016 ON THE FILES OF MUNSIFF COURT KOCHI.

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE CLAIM PETITION AS IA NO.414/2018 SEEKING TO LIFT THE ATTACHMENT AND RELEASE THE SAME AND ERASE THE ENTRY FROM THE SUB REGISTRY RECORDS.

EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 13.06.2018 SENT THROUGH REGISTERED POST ON 14.06.2018.

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON JUDGMENT IN WP(C) NO.21690/2018 AND 21691/2018.

EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 14.07.2018 SUBMITTED BY THE PETITIONER.

EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE ORDER DATED 05.11.2018 PASSED BY THE 2ND RESPONDENT.

WP(C) Nos.24982 & 24988 of 2019

APPENDIX OF WP(C) 24982/2019

PETITIONER EXHIBITS

EXHIBIT P1 THE PHOTOCOPY OF THE LOAN AGREEMENT DATED 06.09.2011 PERTAINING TO FIRST TRANSACTION

EXHIBIT P2 THE PHOTOCOPY OF THE LOAN AGREEMENT DATED 22.06.2012 PERTAINING TO SECOND TRANSACTION

EXHIBIT P3 THE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICAE

EXHIBIT P4 THE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.41/2016 ON THE FILES SUB COURT KOCHI

EXHIBIT P5 THE PHOTOSTAT COPY OF THE CLAIM PETITION AS I.A.NO.238/2018 SEEKING TO LIFT THE ATTACHMENT AND RELEASE THE SAME AND ERASE THE ENTRY FROM THE SUB REGISTRY RECORDS

EXHIBIT P6 THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 13.906.2018 SENT THROUGH REGISTERED POST ON 14.06.2018

EXHIBIT P7 THE PHOTOSTAT COPY OF THE COMMON JUDGMENT IN W.P(C) NO.21690/2018 AND 21691/2018

EXHIBIT P8 THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 14.07.2018 SUBMITTED BY THE PETITIONER

EXHIBIT P9 THE PHOTOSTAT COPY OF THE ORDER DATED 05.11.2018 PASSED BY THE 2ND RESPONDENT

//TRUE COPY//

PA TO JUDGE