Basil K. Varghese vs Authorised Officer
2023 Latest Caselaw 3222 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                        WP(C) NO. 4003 OF 2022
PETITIONER:

          BASIL K. VARGHESE
          AGED 57 YEARS
          BLAYIL HOUSE, BEHIND PWD REST HOUSE, VAIKKOM ROAD,
          TRIPPUNITHURA, PIN - 682301

          BY ADVS.
          PEEYUS A.KOTTAM
          JOMON J. MALIEKAL
          ARJUN S BENEDICT
          JOSEPH P P



RESPONDENTS:

    1     AUTHORISED OFFICER
          STANDARD CHARTERED BANK, HDFC HOUSE, 1ST FLOOR,
          P.B.NO.1700, RAVIPURAM, ERNAKULAM, PIN - 682015

    2     STANDARD CHARTERED BANK
          HDFC HOUSE, 1ST FLOOR, P.B.NO.1700, RAVIPURAM,
          ERNAKULAM , REPRESENTED BY ITS MANAGER/ AUTHORISED
          SIGNATORY., PIN - 682015


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4003 OF 2022               2


                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C).No.4003 of 2022
               --------------------------------------------
                Dated this the 23rd day of March, 2023


                                JUDGMENT

The writ petition has been filed with the following prayers.

"a). Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command the respondents to issue a fresh sale certificate in the name of petitioner's daughter named Chesma B. Blayil and Chesil B. Blayil in respect of the property auctioned by the petitioner in place of Ext.P1 sale certificate within a time framed fixed by this Hon'ble Cout.

b). Issue a writ of mandamus or any other appropriate writ order or direction and thereby command the respondent hand over the original title deed of the prdecessors-in-interst and all prior documents of the property in an issue that was entrusted to the Bank at the time of taking loan and creating mortgage, within a time frame fixed by this Hon'ble Court.

c). Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command the respondents to deliver the property auctioned to the petitioner or his daughters named Chesma B. Blayil and Chesil B. Blayil within a time fixed by this Hon'ble Court and

d). Grant such other reliefs, which are just and necessary in the interest of justice and deem fit, just and proper."

2. Even though notice had been taken out, the respondents

have not chosen to appear. In similar circumstances, this Court had

in judgment dated 07.04.2016 in W.A.No.2488/2015 issued

directions to cancel the sale certificate already issued in the name of

certain persons and issue a fresh sale certificate in the name of the

person as agreed by the original holders of the sale certificate. There

can be no objection that the same procedure being followed in this

case also since the petitioner wants the sale to be confirmed in the

name of his daughters.

In the result the writ petition is allowed. There will be a

direction to the petitioner and his daughters named Chesma B. Blayil

and Chesil B. Blayil to make a request before the respondents for

cancellation of the sale certificate in his name and for issuing fresh

sale certificate in the name of his daughters, within 15 days from the

date of receipt of a copy of this judgment. On receipt of the said

request, the respondents shall cancel the sale certificate issued in the

name of the petitioner and issue a fresh sale certificate in the name

of his daughters named Chesma B. Blayil and Chesil B. Blayil in

requisite stamp paper to be furnished by the petitioner. The Bank

shall also take steps to effect necessary registration as requested by

the petitioner on behalf of his daughters named Chesma B. Blayil and

Chesil B. Blayil.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 4003/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE CERTIFICATE DATED 19.08.2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 19.09.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 24.10.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN W.A.NO.

2488/2015 DATED 07.04.2016