Kerala High Court
The Federal Bank Limited, Lcrd Kottayam ... vs State Of Kerala ,Represented By The ... on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.19013/2024 1/5 Order Date : 02-08-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Friday, the 2nd day of August 2024 / 11th Sravana, 1946
WP(C) NO. 19013 OF 2024
PETITIONERs:
1. THE FEDERAL BANK LIMITED,LCRD KOTTAYAM DIVISION, THEKKUMKAL
BUILDING, T B ROAD, KOTTAYAM, REPRESENTED BY ITS ASSISTANT VICE
PRESIDENT AND DIVISION HEAD /AUTHORIZED OFFICER UNDER SARFAESI
ACT,2002, PIN-686001
2. SRI.ROBIN K. ABRAHAM, AGED 57 YEARS, KIZHAKKETHALACKEL
HOUSE,MANNATHU, ERUMELY P O, KOTTAYAM, PIN-686001
3. MANJU ROBIN, AGED 50 YEARS, KIZHAKKETHALACKEL HOUSE,MANNATHU,
ERUMELY P O., KOTTAYAM, PIN- 686001
4. SAVIO ABRAHAM ROBIN, AGED 23 YEARS KIZHAKKETHALACKEL HOUSE,MANNATHU,
ERUMELY P O., KOTTAYAM, PIN-686001
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE
DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. TAHSILDAR, FIRST FLOOR, MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM, KERALA 686001 KOTTAYAM TALUK, KOTTAYAM,
PIN-686001
3. THE VILLAGE OFFICER, KOTTAYAM VILLAGE, KOTTAYAM, PIN-686001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the 3rd respondent to delete the entry
of attachments noted in covered by Ext.P3 sale certificate and effect
mutation of same in favour of the 2 nd petitioner, pending disposal of the
above writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.MOHAN JACOB GEORGE, Advocates for the petitioners the court passed the
following:
WP(C) No.19013/2024 2/5 Order Date : 02-08-2024
DINESH KUMAR SINGH
-------------------------------------
W.P(C) No.19013 of 2024
--------------------------------------
Dated this the 02nd day of August, 2024
ORDER
The present writ petition has been filed seeking the
following reliefs:-
"i. issue a writ of mandamus or such other appropriate
writ or order directing the 3 rd respondent to effect
mutation of the property covered by Ext.P3 sale
certificate in favour of petitioners 2 to 4 within a time
limit prescribed by this Hon'ble Court
and
ii. Issue a writ of mandamus or such other appropriate
writ or order commanding the 3rd respondent to
efface the attachment noted in the revenue records
in respect of the property covered by Ext.P3 sale
certificate pursuant to Ext.P1 judgment passed by
this Hon'ble Court consequent to the mutation being
effected in favour of petitioners 2 to 4.
iii.Dispense with the English translation of Malayalam
documents produced in this writ petition.
iv.Grant such other reliefs as are deemed fit and proper.
v. Grant the cost of this writ petition."
WP(C) No.19013/2024 3/5 Order Date : 02-08-2024
2. The petitioner bank is an auction purchaser in respect
of two items of properties having an extent of 2.44 Ares in
Re.Sy.No.142(Old Sy.No.103/12&14) of Block No.117 with
building along with all other improvements thereon are in
Kottayam Village, Kottayam Taluk, Kottayam district. There was a
judgment in favour of N.J.T Finance, 2nd floor, Trinity Buildings
Perumbaikad (PO)) Sankranti, Kottayam in Civil Suit No.79 of
2021 in respect of the said property. The petitioner had filed a
Writ Petition before this Court by W.P(C) No.7519 of 2024 and
this Court by the judgment dated 02.04.2024 passed in the said
Writ Petition directed to efface the attachment obtained by the
said N.J.T Finance as the attachment was after the mortgage
effected on the said property in favour of petitioners 2 to 4, of the
auction purchasers.
3. In view of the aforesaid direction issued by this Court
in judgment dated 02.04.2024 the attachment has been effaced,
however, there is other attachments on the property. The learned
counsel for the petitioner submits that, the said attachment is
also after the mortgage was created before the 1 st petitioner
Bank.
WP(C) No.19013/2024 4/5 Order Date : 02-08-2024
4. Mr.S.Gopinathan, learned Senior Government Pleader
submits that the second attachment was in pursuance to the
order passed by the District Consumer Redressal Forum in E.P
No.26 of 1995. The said E.P was closed on 30.12.2009. He
further submits that he will seek instruction that if the E.P was
closed, how the attachment is still continuing. He seeks and
granted one week time to file statement in the writ petition.
Post on 13.08.2024.
Sd/-
DINESH KUMAR SINGH
JUDGE
Anu
WP(C) No.19013/2024 5/5 Order Date : 02-08-2024
APPENDIX OF WP(C) 19013/2024
Exhibit P-1 COPY OF THE SAID JUDGEMENT DATED 02.04.2024 IN W.P.( C)
Exhibit P-2 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 16.12.2023
OBTAINED FROM THE SUB REGISTRAR'S OFFICE, KOTTAYAM
Exhibit P-3 COPY OF THE SALE CERTIFICATE DATED 01.12.2023 DULY
REGISTERED WITH THE SUB REGISTRAR'S KOTTAYAM
Exhibit P-4 COPY OF THE LETTER DATED 11.04.2024 ISSUED BY THE 2 ND
PETITIONER TO THE VILLAGE OFFICER, KOTTAYAM VILLAGE
Exhibit P-5 COPY OF RECEIPT-G1685186/24 ISSUED BY VILLAGE OFFICER,
KOTTAYAM VILLAGE TO 2ND PETITIONER
