Manoj Kumar K Pillai vs State Bank Of India
2021 Latest Caselaw 101 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                    WP(C).No.28799 OF 2020(Y)


PETITIONER:

               MANOJ KUMAR K PILLAI
               AGED 47 YEARS
               S/O.KARUNAKARAN PILLAI, SEEKANDAPURAM HOUSE,
               THALAYAZHAM P.O., PIN - 686 607.

               BY ADVS.
               SRI.REJI GEORGE
               SRI.RAMU RAJENDRAN
               SRI.BINOY DAVIS

RESPONDENTS:

      1        STATE BANK OF INDIA
               REGD. OFFICE AT STATE BANK BHAVAN CORPORATE
               CENTRE, MADAME CAMA ROAD, MUMBAI, MAHARASHTRA,
               PIN - 400 021, REPRESENTED BY ITS MANAGER,
               ULLALA BRANCH, THALAYAZHAM P.O.,
               VAIKOM, PIN- 686 607.

      2        THE SUB REGISTRAR
               OFFICE OF THE SUB REGISTRAR, VAIKOM,
               VAIKOAM -VECHOOR ROAD, THALAYAZHAM P.O.,
               PIN - 686 607.

               R1 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.)
               R1 BY ADV. SMT.S.AMBILY
               SMT K.AMMINIKUTTY- SR GOVERNMENT PLEADER FOR R2

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.28799 of 2020

                                  2

                           JUDGMENT

The petitioner, who is a co-owner of 26.30 ares of property,

made up of 10.52 ares in Sy.No.255/28A, 7.69 ares in

Sy.No.255/28A-2 and 8.09 ares in Sy.No.255/28B of

Thalayazham Village in Vaikom Taluk, covered by Ext.P1 sale

deed bearing No.741/2013 dated 24.10.2013 of Sub Registrar

Office, Thalayazham, has filed this writ petition under Article 226

of the Constitution of India, seeking a writ of mandamus

commanding the 2nd respondent to register Ext.P4 sale deed

dated 01.10.2020.

2. On 22.12.2020, when this writ petition came up for

admission, the learned Government Pleader sought time to get

instructions.

3. Heard the learned counsel for the petitioner, the

learned Standing Counsel for the 1 st respondent State Bank of

India and also the learned Senior Government Pleader for the 2 nd

respondent.

4. The learned Standing Counsel for the 1st respondent

Bank would submit that since the decree in O.S.No.398 of 1992 WP(C)No.28799 of 2020

on the file of the Sub Court, Kottayam has already been satisfied

and E.P.No.15 of 2001 has already been closed on 21.10.2006,

the Bank has no objection in Ext.P4 sale deed being registered by

the 2nd respondent Sub Registrar.

5. The learned Senior Government Pleader, on

instructions, would submit that since the 1 st respondent Bank has

no objection, the 2nd respondent Sub Registrar shall register

Ext.P4 sale deed.

In such circumstances, this writ petition is disposed of by

directing the 2nd respondent Sub Registrar to register Ext.P4 sale

deed, if there is no other legal impediments, as expeditiously as

possible, at any rate, within one month from the date of receipt

of a certified copy of this judgment.

Sd/-

ANIL K. NARENDRAN JUDGE

yd WP(C)No.28799 of 2020

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF SALE DEED NO.741/2013 DATED 24/10/2013 OF THALAYAZHAM SUB REGISTRY.

EXHIBIT P2 TRUE COPY OF ENCUMBRANCE CERTIFICATE NO.2228/2012 DATED 01/12/2012 ISSUED BY THE THALAYAZHAM SUB REGISTRY FOR THE PERIOD FROM 01/01/1987 TO 26/11/2012.

EXHIBIT P3 TRUE COPY OF BASIC TAX RECEIPT NO.KL05051106551/2020 DATED 23/09/2020 ISSUED BY THE THALAYAZHAM VILLAGE OFFICE.

EXHIBIT P4 TRUE COPY OF UNREGISTERED SALE DEED DATED 01/10/2020 EXECUTED Y THE PETITIONER AND SRI.NAGAPPAN PILLAI IN FAVOUR OF SRI.NAJEEB C.M.

EXHIBIT P5 TRUE COPY OF FRESH ENCUMBRANCE CERTIFICATE OF THE PROPERTY VIDE CERTIFICATE NO.1422/2020 DATED 29/09/2020 FOR THE PERIOD FROM 01/01/1990 TO 25/09/2020, FROM THE THALAYAZHAM SUB REGISTRY.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE