Runa S vs The District Collector
2023 Latest Caselaw 3164 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
         THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                              WP(C) NO. 3438 OF 2022
PETITIONER:

              RUNA S.,AGED 44 YEARS
              D/O SASIDHARAN NAIR, THOPPIL BUNGALOW, VETTUVILA LANE,
              KUMARAPURAM, MEDICAL COLLEGE P O, THIRUVANANTHAPURAM-695011.

              BY ADVS.
              R.SUNIL KUMAR
              A.SALINI LAL
              ARUN KRISHNA


RESPONDENTS:

     1        THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL
              STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM-
              695043.

     2        SUB REGISTRAR OFFICE,THIRUVANANTHAPURAM, EAST FORT,
              PAZHAVANGADI, THIRUVANANTHAPURAM, KERALA-695023.

     3        VILLAGE OFFICE,KADAKAMPALLY VILLAGE, PETTAH-VENPALAVATTOM
              ROAD, VENPALAVATTOM, THIRUVANANTHAPURAM-695029.

     4        THE TAHSILDAR,THIRUVANANTHAPURAM, TALUK OFFICE ROAD, NEAR
              EXCISE OFFICE, EAST FORT, PAZHAVANGADI, THIRUVANANTHAPURAM-
              695023.

     5        THE AUTHORIZED OFFICER,AXIS BANK, 2ND FLOOR, LOAN CENTRE,
              NIHAL COMPLEX, KARAMANA, THIRUVANANTHAPURAM-695002.

    *6        ADDL.R6: VIPIN.V.M., S/O. MANIKANTAN, RESIDING AT
              GOURISANKARAM, KAKKODE LANE, BHAGATH SINGH ROAD, PETTAH,
              THIRUVANANTHAPURAM-695 024.

    *7        ADDL.R7: PRAJYA, BHASKAR VIHAR, VAYYATTUMUKKU, VENJARAMOODU
              P.O., THIRUVANANTHAPURAM - 695 607.


     *        R6 AND R7 IMPLEADED AS PER ORDER IN I.A.NO.1/2022 DATED
              23.3.2023 IN WP(C)3438/2022 DATED


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.3438/2022                    2

                                JUDGMENT

The petitioner has approached this Court being aggrieved by the fact

that Ext.P1 Sale Certificate is not being subjected to registration by the 2 nd

respondent on the ground that there is an attachment in O.P.No.1983/2015

on the file of the Family Court, Thiruvananthapuram at the instance of

additional 7th respondent. The petitioner purchased the property belonging to

the additional 6th respondent in a sale conducted under the provisions of the

Securitisation and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (hereinafter referred to as the 'Act') by the 5 th

respondent. The pleadings in the case suggest that there were matrimonial

disputes between the additional 7 th respondent and the additional 6th

respondent, which resulted in the filing of the above Original Petition before

the Family Court, Thiruvananthapuram and an order of attachment was

issued in respect of the property. It is submitted that the said disputes

between the additional 6th and 7th respondents have been settled out of court

and the Original Petition has also been withdrawn. It is submitted that the

order of attachment is clearly after the date of mortgage as the property itself

was purchased by the additional 6th respondent after availing the loan from

the 5th respondent.

2. Heard the learned Senior Government Pleader also.

3. Notice issued by this Court to the additional 6 th respondent has

been served. However, there is no appearance for the additional 6 th

respondent. Notice issued to the additional 7th respondent has been returned

with the endorsement 'not known'. The learned counsel for the petitioner

submits that he has filed an application for declaration of service on the

additional 7th respondent. Hence, notice on the additional 7th respondent is

declared as served.

4. Having heard the learned counsel for the petitioner and the

learned Senior Government Pleader appearing for the respondents, I am of

the view that the issue stands covered in favour of the petitioner by the

judgments of this Court in Secretary, Keechery Service Cooperative

Bank Ltd. v. Sajitha Nizar & Ors; 2020 (5) KHC 231 and Madhan S.

v. Sub Registrar, Kollam; 2014 (1) KLT 406.

The writ petition is, therefore, allowed. Ext.P2 is quashed and the 2 nd

respondent is directed to register Ext.P1 Sale Certificate subject to compliance

with usual formalities, notwithstanding the order of attachment referred to

above. The 2nd respondent shall also efface the record of the above

attachment from the record of encumbrance maintained by him.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 3438/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE CERTIFICATE ISSUED BY 5TH RESPONDENT IN FAVOUR OF THE PETITIONER DATED 19.04.21.

Exhibit P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 28.11.2019.