Anvar Sadath. P vs The Sub Registrar
2021 Latest Caselaw 23948 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                            WP(C) NO. 26436 OF 2021


PETITIONER:

              ANVAR SADATH. P, S/O MUHAMMED KUNHI O T,
              PUZHAKKARA HOUSE, BHEEMANADI VILLAGE, OTTAPADAVU,
              CHEEMENI, KASARGOD DISTRICT-671313.

              BY ADVS.
              G.HARIHARAN
              PRAVEEN.H.
              K.S.SMITHA


RESPONDENTS:

     1        THE SUB REGISTRAR, SUB REGISTRAR OFFICE,
              (VIA) PARAPPA, BALAL P O, VELLARIKUNDU TALUK,
              KASARGOD DISTRICT, KERALA-671533.

     2        CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD,
              THEKKEKARA COMMERCIAL CENTRE, 2ND FLOOR, NEXT TO
              SKYLINE MELROSE APARTMENT, MAIN ROAD, PADIVATTOM,
              ERNAKULAM-682024, REPRESENTED BY ITS BRANCH MANAGER.

              BY ADVS
              BINOY VASUDEVAN
              SMT.SURYA BINOY.SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 26436/21
                                       2



                           JUDGMENT

The petitioner has approached this Court seeking a direction

to the 1st respondent - Sub Registrar, to efface the entry of

attachment over the property owned by him, based on an order

obtained earlier by the 2nd respondent - Finance Company.

2. The petitioner asserts that the entire liability due to the

2nd respondent has been paid off and therefore, that the entry of

attachment in Ext.P1 Encumbrance Certificate, with respect to the

property in question, is illegal and unlawful.

3. In response to the afore submissions made on behalf of

the petitioner by his learned counsel - Sri.G.Hariharan, learned

counsel appearing for the 2nd respondent - Smt.Rincy Khader,

submitted that her client has no objection to the entry of

attachment being effaced from Ext.P1 certificate, since they have

no claims over the property in question, the loan having been

fully paid off.

WPC 26436/21

In the afore circumstances, I order this Writ Petition and

direct the 1st respondent - Sub Registrar to efface from the

records the entry of attachment obtained earlier by the 2nd

respondent, including from Ext.P1 Encumbrance Certificate and to

issue the petitioner a fresh one, within a period of two weeks

from the date of receipt of a copy of this judgment.

Sd/-

RR                                   DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 26436/21


                APPENDIX OF WP(C) 26436/2021

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE ENTRY OF ATTACHMENT ON

THE STRENGTH OF ORDERS PASSED BY THE DISTRICT COURT-III ERNAKULAM THROUGH MUNSIFF COURT, HOSDURG IN CONNECTION WITH I A NO.3299/2008 IN ARB OP 717/2008 ON 09.06.2008 IN THE ENCUMBRANCE CERTIFICATE.

Exhibit P2 TRUE COPY OF THE NOC DATED 02.06.2016 ISSUED BY THE KANNUR OFFICE OF THE 2ND RESPONDENT RELATING TO VEHICLE NO.KL-60-

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT ON 20.11.2021 STATING THE CLOSURE OF THE LOAN ACCOUNT AS WELL AS THE CLOSURE OF ARBITRATION OP NO.717/2008 FILED BEFORE THE DISTRICT COURT-III ERNAKULAM.