Kerala High Court
Smith Raj vs The Sub Registrar, Punalur on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 8131 OF 2022
PETITIONERS:
1 SMITH RAJ
AGED 44 YEARS
S/O. N. MURALEEDHARAN PILLAI, RESIDING AT SUSHMITHAM,
NELIPPALLY P. O., PUNALUR VIA, KOLLAM DISTRICT,
PIN - 691305.
2 REMYA V.
AGED 36 YEARS
D/O. RAVEENDRAN NAIR, RESIDING AT SUSHMITHAM,
NELIPPALLY P. O., PUNALUR VIA, KOLLAM DISTRICT,
PIN - 691305.
BY ADVS.
JAWAHAR JOSE
CISSY MATHEWS
JAISON ANTONY
EDWIN JOSEPH
RESPONDENTS:
1 THE SUB REGISTRAR, PUNALUR
SUB REGISTRAR OFFICE, PUNALUR P. O., KOLLAM DISTRICT,
PIN - 691305.
2 THE DISTRICT COLLECTOR, KOLLAM
PIN - 691013.
3 THE TAHASILDAR
PUNALUR, MINI CIVIL STATION, KOLLAM DISTRICT, PIN -
691305.
4 THE VILLAGE OFFICER, VALACODE
KALAYANAD, PUNALUR, KERALA, PIN - 691331.
5 JOSE JOSEPH
AGED 55 YEARS
S/O. JOSEPH, RESIDING NEAR THE HOUSE OF BABU IDUKKI,
THOLICODU, MULAMTHADAM, PUNALUR P. O., KOLLAM
WP(C) NO. 8131 OF 2022 2
DISTRICT, PIN - 691305.
OTHER PRESENT:
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8131 OF 2022 3
JUDGMENT
The auction purchasers of a property, which was
bid in a sale process held by the State Bank of India,
are before this Court, seeking that the 1st respondent
- Sub Registrar be directed to efface all entries of
attachment from the Encumbrance Certificate with
respect to it, endorsed after 07.01.2015 - being the
date on which the afore mentioned Bank obtained
equitable mortgage over it from its original owner,
namely the 5th respondent.
2. Shri.Jawahar Jose, learned counsel appearing
for the petitioners, pointed out that the State Bank
of India, along with the petitioners, had earlier
approached this Court and obtained Ext.P7 judgment, in
obedience to which, the transfer of Registry of the
property has already been effected in favour of his
clients. He argued that, therefore, no prejudice will
be caused even to the 5th respondent, if this writ
petition is allowed.
3. The learned Senior Government Pleader,
Smt.K.Amminikkutty, submitted that the entries
reflected in the Encumbrance Certificate are those
which were made consequent to the orders of competent
Courts and therefore, that it can be erased if this
Court issues specific orders.
4. The endorsements on file show that the summons
issued to respondent No.5 has been returned saying
that he is out of India. However, taking note of
Ext.P7 judgment, as also the settled precedents,
including Secretary, Keechery Service Co-
operative Bank Ltd.v. Sajitha Nizar Alias
Sajitha P.M. [2020 (6) KLT 68], I am certain that
the petitioners are entitled to relief.
Resultantly, I order this writ petition and
direct the 1st respondent to efface all entries of
attachments from the Encumbrance Certificate and other
records with respect to the property in question,
endorsed after 07.01.2015 - being the uncontested date
on which the State Bank of India obtained equitable
mortgage over it.
The afore exercise shall be completed by the 1st
respondent as expeditiously as is possible, but not
later than two weeks from the date of receipt of a
copy of this judgment and a new Encumbrance
Certificate, without the afore entries, shall be
issued to the petitioners without any avoidable delay
thereafter.
Needless to say, any order of attachment against
the petitioners after they purchased the property
will, however, not be covered by the afore directions.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/24.3
APPENDIX OF WP(C) 8131/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF THE DEPOSIT
OF TITLE DEED DATED 7.1.2015 WHICH WAS
EXECUTED BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 17.12.2018
IN WP(C) NO.40339/2018 OF THIS HON'BLE
COURT.
Exhibit P3 TRUE COPY OF THE REGISTERED SALE
CERTIFICATE DATED 23.12.2020.
Exhibit P4 TRUE COPY OF THE ORDER DATED 3.2.2021
ISSUED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
WITH RESPECT TO THE SECURED ASSET WHICH
WAS SOLD UNDER THE SARFAESI ACT.
Exhibit P5(a) TRUE COPY OF THE ORDER DATED 13.08.2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 25.09.2020
IN WP(C) NO.14209/2020.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 13.09.2021
IN WP(C) NO.4911/2021 OF THIS HON'BLE
COURT.
Exhibit P8 TRUE COPY OF THE LAND TAX RECEIPT DATED
16.11.2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P8(a) TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 18.12.2021 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
22.02.2022 SUBMITTED BY THE 1ST PETITIONER
TO THE 1ST RESPONDENT.
Exhibit P10 TRUE COPY OF THE ORDER DATED 28.02.2022
ISSUED BY THE 1ST RESPONDENT.
