Sunil Kumar P S vs The Sub Registrar
2023 Latest Caselaw 2811 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
         WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                             WP(C) NO. 1493 OF 2023
PETITIONER:

              SUNIL KUMAR P S
              AGED 52 YEARS, S/O SOMASEKHARAN NAIR ,
              60, SOPANAM, ABHAYA NAGAR, PEROORKADA, THIRUVANANTHAPURAM,
              PIN - 695 005.

              BY ADVS.
                        S.NIDHEESH
                        M.S.PAMILA


RESPONDENTS:

     1        THE SUB REGISTRAR
              SUB REGISTRAR OFFICE, SASTHAMANGALAM, THIRUVANANTHAPURAM,
              PIN - 695 010.

     2        THE VILLAGE OFFICER
              VATTIYOORKAVU VILLAGE, VATTIYOORKAVU P O,
              THIRUVANANTHAPURAM, PIN - 695 010.

     3        THE AXIS BANK LTD
              RETAIL ASSETS CENTRE, TRIVANDRUM, SECOND FLOOR,
              LOAN CENTRE, NIHAL COMPLEX, KARAMANA, THIRUVANANTHAPURAM,
              PIN - 695 002.
              REPRESENTED BY ITS AUTHORIZED OFFICER.

     4        SANJU VIJAYAN
              PRECISION ENERDY SERVICES, SAUDI ARABIA CO.LTD. , KSA,
              RESIDING AT T C NO 41/1831, SANJU LAND, MANACAUD P O,
              THIRUVANANTHAPURAM, PIN - 695 009.

     5        HAMNET BUILDERS AND DEVELOPERS (P) LTD
              T C NO 9/1013, SASTHAMANGALAM, THIRUVANANTHAPURAM,
              REPRESENTED BY IT'S CHAIRMAN NAUSHAD,
              S/O C H UMMER , CHEKEDAPURATHU HOUSE,
              DOWNHILL P.O, MALAPPURAM, PIN - 695 010.

              ADV. P PAULOCHAN ANTONY (FOR RESPONDENT)
              ADV. K K PREETHA (SR GP)


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.1493 OF 2023                2




                                JUDGMENT

Petitioner is the auction purchaser in respect of an item

of property brought to sale under the provisions of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act (SARFAESI Act) by the 3rd

respondent Bank. The petitioner has approached this Court

with a grievance that the sale certificate issued in favour of the

petitioner has not been registered on account of an attachment

stated to have been obtained by the 5th respondent.

2. It is the case of the petitioner with reference to

Ext.P7 document produced along with I.A.No.1/2023, that the

suit filed by the 5th respondent has been settled in mediation as

early as in the year 2014 and therefore the attachment

obtained by the 5th respondent need not prevent the

registration of the sale certificate issued in favour of the

petitioner by the 3rd respondent.

Having heard the learned Government Pleader appearing

for the official respondents and the learned counsel appearing

for the 3rd respondent and having regard to the facts and

circumstances of the case and also having regard to the law

laid down by a Division Bench of this Court in Secretary,

Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar

alias Sajitha P.M. and others; 2020 (5) KHC 231 and that

of a learned Single Judge of this Court in Madhan v.

Sub.Registrar; 2014 (1) KLT 406, the writ petition is

allowed and the 1st respondent is directed to register Ext.P4

sale certificate and efface the attachment obtained by the 5 th

respondent (from the Additional Munsiff's Court-II,

Thiruvananthapuram in O.S.No.1450/2013) from the record of

encumbrance, the 2nd respondent shall thereafter effect

mutation and permit the petitioner to pay basic land tax.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 1493/2023

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF ENTRY REGARDING LOAN DATED 17.7.2009

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE CJM, THIRUVANANTHAPURAM IN MC 465/15 DATED 5.5.2015

EXHIBIT P3 TRUE COPY OF THE SUCCESSFUL BIDDER ADVISE ISSUED BY THE 3RD RESPONDENT DATED 30.12.2022.

EXHIBIT P4 TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE 3RD RESPONDENT ON 10.1.2023

EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 29.11.2022.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P© 14057/22 DATED 14.7.2022

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN O.S 1450/13 OF ADDITIONAL MUNISIFF COURT-II, THIRUVANANTHAPURAM DATED 17.11.2014.