Kerala High Court
Sundaram Home Finance Ltd ... vs State Of Kerala on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 40844 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 ADV VARGHESE C.KURIAKOSE
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY,
DEPT. OF REVENUE,
SECRETARIAT, TRIVANDRUM - 695001.
2 THE SUB REGISTRAR
SUB REGISTRY OFFICE,
ALUVA SUB REGISTRY,
ERNAKULAM DISTRICT,
PIN - 683101.
3 THE VILLAGE OFFICER
KEEZHMADU VILLAGE OFFICE,
ERNAKULAM DISTRICT,
PIN - 683105.
4 SAHEER BABU
S/O.BABU K Y
MANAYIL HOUSE,
KUTTAMASSERY MAVUNGAL ROAD,
KUTTAMASSERY, ALUVA,
THOTTUMUGHAM,
ERNAKULAM DISTRICT, KOCHI,
PIN - 683105.
WP(C) NO. 40844 OF 2022
2
5 BABU.K.Y
S/O YUSAF
NO.IV/45,
C/O KOZHIKKATTIL SHIYAS,
CHOWARA FERRY ROAD, ALUVA,
ERNAKULAM DISTRICT, PIN - 683105
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40844 OF 2022
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C) No.40844 of 2022
--------------------------------------------
Dated this the 06th day of January, 2023
JUDGMENT
Admit. Government Pleader takes notice for respondents
1 to 3. In view of the order that is proposed to be issued,
notice to respondents 4 and 5 is dispensed with.
2. The prayer in the writ petition is for a direction to
the 2nd respondent to register the sale certificate in relation to
the properties which are subject matter of Exts.P1 to P3
notices and Ext.P4 sale certificate without insisting for an
ROR certificate. Reliance is placed on the decisions in Jacob
P.C. v. Village Officer, Ernakulam & another [2020 (4)
KLT 271] and Sainudeen v. State of Kerala [2013 (1) KHC
437].
3. The Government Pleader on instructions submits
that there would be no insistence for production of ROR
certificate.
In the above circumstances, this writ petition is allowed
directing the 2nd respondent to register the sale certificate in
WP(C) NO. 40844 OF 2022
relation to the properties which are subject matter of Exts.P1
to P3 notices and Ext.P4 sale certificate as and when the same
is presented without insisting for an ROR certificate.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 40844 OF 2022
APPENDIX OF WP(C) 40844/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE
DATED 01.06.2021 ISSUED BY THE PETITIONER
TO RESPONDENTS NO.4 AND 5.
Exhibit P2 TRUE PHOTOSTAT COPY OF THE POSSESSION
NOTICE DATED 16.11.2021 ISSUED BY THE
PETITIONER TO RESPONDENTS NO.4 AND 5.
Exhibit P3 TRUE PHOTOSTAT COPY OF THE SALE NOTICE ON
18.10.2022 FIXING THE SALE DATE AS
28.11.2022.
Exhibit P4 TRUE PHOTOSTAT COPY OF THE SALE
CERTIFICATE DATED 12.12.2022 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 09.12.2022.
