Kerala High Court
Sundaram Home Finance Ltd vs State Of Kerala on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 41217 OF 2022
PETITIONER:
SUNDARAM HOME FINANCE LTD
(FORMERLY KNOWN AS SUNDARAM BNP
PARIBAS HOME FINANCE LTD)
SUNDARAM TOWERS, 46, WHITES ROAD,
CHENNAI, PIN-600014, REPRESENTED BY ITS
AUTHORISED OFFICER,
MR. ABU ROSHAN ANDREWS,
AGED 33 YEARS, S/O JOSHY CYRIAC,
RESIDING AT CHUMAPPUNKAL HOUSE,
KALPETTA NORTH, WAYANAD DISTRICT,
PIN - 673121
BY ADVS.
SRI VARGHESE C.KURIAKOSE
MS.AMRITHA.J
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, DEPT. OF REVENUE,
SECRETARIAT, TRIVANDRUM, PIN - 695001
2 THE SUB REGISTRAR
SUB REGISTRY OFFICE,
MANNARKAD SUB REGISTRY,
PALAKKAD DISTRICT, PIN - 678582
3 THE VILLAGE OFFICER
THACHANATTUKARA-II VILLAGE OFFICE
PALAKKAD DISTRICT, PIN - 678583
*4 ABDUL RASAK.P
AGED 42 YEARS
S/O MOIDU,
PAKKATH HOUSE,
KORANKODE, ALIPARAMBA P.O.
MALAPPURAM, PIN - 679357
*5 JULSANA P
AGED 32 YEARS
W/O.ABDUL RASAK
W.P.(C)No.41217/2022
2
PAKKATH HOUSE,
KORANKODE, ALIPARAMBA P.O.
MALAPPURAM, PIN - 679357
*(R4 & R5 REMOVED FROM PARTY ARRAY AS PER ORDER DTD
18.01.2023 IN I.A.1/2023)
SMT. DEEPA. V., GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.41217/2022
3
T.R. RAVI, J.
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W.P.(C)No.41217 of 2022
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Dated this the 18th day of January, 2023
JUDGMENT
The prayer in the writ petition is for a direction to the 2 nd
respondent to facilitate registration of the sale certificate in
relation to the properties which are subject matter of Exts.P1 to
P3 notices, without insisting for RoR certificate. Further
prayer is to direct the 3rd respondent to effect mutation in the
name of the purchaser to whom the sale certificate will be
issued and registered as and when registration is facilitated.
2. The counsel for the petitioner relied on the decisions
in Jacob P.C. v. Village Officer, Ernakulam & Anr. [2020
(4) KLT 271] and Sainudeen v. State of Kerala [2013 (1)
KHC 437] to submit that there is no necessity for production of
RoR as a condition precedent for effecting registration. I do not
find any reason to take a different view.
3. The writ petition is allowed. The 2nd respondent is
directed to register the sale certificate in relation to the
properties which are subject matter of Exts.P1 to P3 notices,
W.P.(C)No.41217/2022
without insisting for RoR certificate, if it is otherwise in order,
and keeping in mind the decisions in Jacob (supra) and
Sainudeen (supra). There will be a further direction to the 3 rd
respondent Village Officer to effect mutation in the name of the
purchaser, after the registration of the sale certificate by the 2nd
respondent.
Sd/-
T.R. RAVI
JUDGE
dsn
W.P.(C)No.41217/2022
APPENDIX OF WP(C) 41217/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE
DATED 01.01.2014 ISSUED BY THE PETITIONER
Exhibit P2 TRUE PHOTOSTAT COPY OF THE POSSESSION
NOTICE DATED 16.04.2014 ISSUED BY THE
Exhibit P3 TRUE PHOTOSTAT COPY OF THE SALE NOTICE ON
17.10.2022 FIXING THE SALE DATE AS
26.11.2022
Exhibit P4 TRUE PHOTOSTAT COPY OF THE SALE
CERTIFICATE DATED 01.12.2022 ISSUED BY
THE PETITIONER IN THE NAME OF PURCHASER
Exhibit P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 05.12.2022 SUBMITTED BY THE
PETITIONER TO THE 2ND AND 3RD RESPONDENTS
Exhibit P6 TRUE PHOTOSTAT COPY OF THE TRACK RECORD
INDICATING DELIVERY OF EXT.P5 ON 2ND
RESPONDENT DATED 09.12.2022
Exhibit P7 TRUE PHOTOSTAT COPY OF THE TRACK RECORD
INDICATING DELIVERY OF EXT.P5 ON 3RD
RESPONDENT DATED 10.12.2022
