Anjali.S vs State Bank Of India
2024 Latest Caselaw 26738 Ker

Kerala High Court

Anjali.S vs State Bank Of India on 5 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.13622/2024
                                1


                                            2024:KER:67351
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA,

                               1946

                    WP(C) NO. 13622 OF 2024

PETITIONER:

           ANJALI.S
           D/O B. SRIKUMAR, T.C 7/954(1), NIRMALYAM, ELITE
           GARDEN, PONGUMMODU, MEDICAL COLLEGE P.O,
           THIRUVANANTHAPURAM DISTRICT, ., PIN - 695011


           BY ADVS.
           J.R.PREM NAVAZ
           PREETHA RANI M.S.
           SUMEEN S.
           MUHAMMED SWADIQ




RESPONDENTS:

    1      STATE BANK OF INDIA
           SME BRANCH, ANDOOR BUILDING, GENERAL HOSPITAL
           ROAD, VANCHIYOOR, THIRUVANANTHAPURAM DISTRICT,
           REPRESENTED BY ITS CHIEF MANAGER., PIN - 695035

    2      THE AUTHORIZED OFFICER
           STATE BANK OF INDIA, STRESSED ASSETS RECOVERY
           BRANCH, L.M.S COMPOUND, OPP. MUSEUM WEST GATE,
           VIKAS BHAVAN P.O. THIRUVANANTHAPURAM DISTRICT,
           PIN - 695033

    3      JOSEPHERSON A
           AGED 67 YEARS, S/O. A.R. FERNANDEZ, KUNNEL
           HOUSE, P.T.P. NAGAR, THIRUVANANTHAPURAM
           DISTRICT, PIN - 695038

    4      TARA JOSE,
           W/O JOSEPHERSON A, KUNNEL HOUSE, P.T.P. NAGAR,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695038
 W.P.(C).No.13622/2024
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                                                      2024:KER:67351
    5          THE VILLAGE OFFICER
               PATTOM VILLAGE OFFICE, PATTOM KUMARAPURAM RD,
               PATTOM, THIRUVANANTHAPURAM DISTRICT, PIN -
               695004

    6          THE DEBT RECOVERY TRIBUNAL
               OFFICE OF THE DEBT RECOVERY TRIBUNAL, KSHB
               BUILDINGS, PANAMPALLY NAGAR ERNAKULAM,, PIN -
               682036

               SRI.Rajeev Jyothish George, GP
               SRI. JITHESH MENON, SC


        THIS    WRIT    PETITION   (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   05.09.2024,   THE   COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.13622/2024
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                                                   2024:KER:67351
                           JUDGMENT

The petitioner purchased 11.56 Ares of land and building

situated in Survey Nos. 71/2, 72/2, 71/1 and 76 B1 and 1.21 Ares

of land in Survey No.71/3 and 76/B1 in the auction under

SARFAESI proceedings as evident from Ext.P1 purchase certificate.

Ext.P2 is the title deed thereafter executed. The petitioner then

filed an application to mutate the property covered by Exts. P1 and

P2 in her name before the 5th respondent. The petitioner

approached this Court since the 5 th respondent refused to mutate

the property.

2. I have heard the learned counsel for the

petitioner Sri. Prem Navaz J.R., and the learned Government

Pleader Sri. Rajeev Jyothish George.

The learned Government Pleader submitted that the 5th

respondent did not mutate the property due to the pendency of

the O.P.(DRT) No.6/2022 before this Court. However, Ext.P3

would show that the said original petition has already been

disposed of. Hence, the 5th respondent is directed to effect

mutation of the land in accordance with law, in the name of the

petitioner, within a period of two months from the date of receipt

of a copy of this judgment. The writ petition is disposed of.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

2024:KER:67351 APPENDIX OF WP(C) 13622/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED TO THE PETITIONER DATED 06.01.2022 BY THE 2ND RESPONDENT

Exhibit P2 THE TRUE COPY OF THE SALE DEED BEARING NO: 671 OF 2022 OF PATTOM SUB REGISTRY IN THIRUVANANTHAPURAM DISTRICT

Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 18.07.2022 IN OP (DRT) 6/2022 PASSED BY THIS HON'BLE COURT