The Authorized Officer vs The Sub Registrar
2021 Latest Caselaw 18722 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                      WP(C) NO. 16056 OF 2021
PETITIONER:
           THE AUTHORIZED OFFICER
           CSB BANK LTD (FORMERLY CATHOLIC SYRIAN BANK LTD),
           THRIPRAYAR BRANCH, THRIPRAYAR, THRISSUR, REPRESENTED BY
           KAVITHA RAMACHANDRAN, D/O RAMACHANDRAN PUTHERMADATHIL
           AGED 46 YEARS, RESIDING AT 2D, SI FLAT, SRM ROAD,
           ERNAKULAM-682 018, WORKING AS CHIEF MANAGER (LAW) AND
           AUTHORIZED OFFICER, CSB BANK LTD, ZONAL OFFICE, ,DJM
           BUILDING, MARKET ROAD, ERNAKULAM-682 035.

          BY ADVS.
          P.PAULOCHAN ANTONY
          G.AJITH KUMAR


RESPONDENTS:
     1     THE SUB REGISTRAR
           MUNDUR SUB REGISTRAR OFFICE, MUNDUR, THRISSUR-680 541.

    2     THE VILLAGE OFFICER
          ERANELLUR VILLAGE OFFICE, KECHERY, THRISSUR-680 501.

    3     VIJI P.V,
          AGED 41 YEARS
          W/O SOMAN.E.S, ERINJIYIL HOUSE, PAZHUNNA, CHEMMANTHATTA
          P.O.THRISSUR DISTRICT-680 501.

    4     SHARAFFUDHEEN
          S/O KUNJIBAPPU, THERUVATH HOUSE, CHIRANELLUR VILLAGE,
          AYAMUKKU DESOM, THRISSUR-680 501.

    5     SAFEENA MANSOOR,
          ERACHAMVEETTIL HOUSE, MULLASSERRY P.O.THRISSUR-680 509.

          BY ADVS.
          M.R.NANDAKUMAR
          MAHESH V.MENON

          SRI. ASHWIN SETHUMADHAVAN      GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16056 OF 2021
                                 2

                           JUDGMENT

The petitioner, who is stated to be the Authorised Officer of

the CSB Bank Ltd. formerly Catholic Syrian Bank Ltd., has

approached this Court seeking a direction to the 1 st respondent -

Sub Registrar, to register Ext.P4 sale certificate in favour of the

3rd respondent, asserting that the property covered by the same

had been sold to the said respondent, under the provisions of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Securities Interest Act ('the SARFAESI Act' for

brevity).

2. The petitioner alleges that even though the sale was

conducted validly and though it was confirmed in terms of the

afore Act, the 2nd respondent is refusing to register Ext.P4 solely

because there are certain attachments over it, as reflected in the

encumbrance certificate.

3. The petitioner asserts that, as is evident from Ext.P1,

mortgage over the property was executed by its original owner in

favour of the Bank on 16.02.2015; while the attachments brought WP(C) NO. 16056 OF 2021

on it by respondents 3 to 5 are much after. He, therefore,

contended that 2nd respondent is obligated to register Ext.P4

without any further delay.

4. Sri.Mahesh Menon - learned counsel appearing for

respondents 4 and 5, submitted that his clients have filed suits

against the original owner of the property in question and that

they have obtained attachments over the same. He submitted

that, therefore, until the petitioner or the purchaser of the

property, honors these attachments, registration of Ext.P4 may

not be permitted. He thus prayed that this writ petition be

dismissed.

5. The learned counsel appearing for the 3rd respondent -

Sri.M.R.Nandakumar, affirmed that his client purchased the

property from the petitioner, through an auction conducted under

the provisions of the SARFAESI Act and that Ext.P4 Sale

Certificate has been validly issued to him. He argued that since

the date of mortgage over the property executed by its original

owner was much before the date of the attachments, the 1 st

respondent - Sub Registrar is obligated to register Ext.P4, going WP(C) NO. 16056 OF 2021

by the various judgments of this Court and that of the Hon'ble

Supreme Court.

6. The learned Senior Government Pleader - Sri.Ashwin

Sethumadhavan, submitted that 1st respondent has been

incapacitated from registering Ext.P4 Sale Certificate because of

the attachment orders issued by a competent Civil Court. He

submitted that if this Court is, nevertheless, inclined to direct the

said respondent to register the Sale Certificate, he will have no

objection in doing so.

7. When I evaluate the afore submissions, the only issue

that can stand in the way of Ext.P4 being registered is if there are

lawful attachments over the property in question prior to the date

of mortgage. In this case, the petitioner asserts, on the strength of

Ext.P1, that the date of mortgage was on 16.02.2015; while the

encumbrance certificate on record reflects that the date of various

attachments are much thereafter.

I am, therefore, of the firm view that 1st respondent must

hear the parties and then conclude if Ext.P4 Sale Certificate is to

be registered.

WP(C) NO. 16056 OF 2021

Resultantly, I order this writ petition and direct the 1st

respondent to hear the petitioner and respondents 3 to 5 and

conclusively ascertain whether the date of mortgage in favour of

the Bank is prior to the dates of attachments; and if so, to register

Ext.P4 without any avoidable delay.

The afore exercise shall be completed by the 1st respondent

as expeditiously as is possible, but not later than one month from

the date of receipt of a copy of this judgment and if he is to find

that the attachments are after the date of mortgage, then he shall

also issue necessary orders effacing the same from the records,

so as to enable the 3rd respondent to use the property peacefully

and without any impediment in future.

Sd/-

DEVAN RAMACHANDRAN

JUDGE SAS/09/09/202141 WP(C) NO. 16056 OF 2021

APPENDIX OF WP(C) 16056/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF CONFIRMATION FOR DEPOSIT OF TITLE DEED WITH THE PETITIONER BANK DATED 16.2.2015

Exhibit P2 TRUE COPY OF THE SALE NOTICE DATED 14.1.2021

Exhibit P3 TRUE COPY OF THE PAPER PUBLICATION IN MATHRUBHUMI DATED 17.1.2021

Exhibit P3(A) TRUE COPY OF THE PAPER PUBLICATION IN INDIAN EXPRESS DATED 17.1.2201

Exhibit P4 TRUE COPY OF THE SALE CERTIFICATE DATED 4.3.2021

Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 26.7.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF DRAFT SALE DEED DATED 22.7.2021 IS SUBMITTED BEFORE THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF JUDGMENT IN WPC NO 3392/2019 OF HON'BLE HIGH COURT OF KERALA DATED 5.2.2019