Kerala High Court
Canara Bank vs Sub-Registrar on 11 September, 2024
WP(C) No.38993/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
WP(C) NO. 38993 OF 2023 (Y)
PETITIONER:
CANARA BANK, ARM BRANCH 2ND FLOOR, CANARA BANK BUILDING CHITTOOR
ROAD, OPPOSITE GOVERNMENT GIRL HIGH SCHOOL ERNAKULAM REPRESENTED BY
ITS PRINCIPAL OFFICER AND MANAGER , PIN - 682016
RESPONDENTS:
1. SUB-REGISTRAR, SUB- REGISTRAR OFFICE KUNNATHUKAL THIRUVANANTHAPURAM,
PIN - 695504
2. RADHAKRISHNAN P, 'SREELAKSHMI' ALACKATTUKONAM, KUNNATHUKAL
KARAKKONAM P.O. THIRUVANANTHAPURAM , PIN - 695504
3. VASANTHAKUMARI, 'SREELAKSHMI' ALACKUTTUKONAN, KUNNATHUKAL KARAKKONAM
P.O. THIRUVANANTHAPURAM , PIN - 695504
4. POORNA PETROLEUM, INDIAN OIL DEALERS KARAKKONAM THIRUVANANTHAPURAM ,
PIN - 695504
5. SUKU, S/O MADHAVAN AGED 53 YEARS BHARATHI BHAVAN, NEDIYAMKODE
DHANUVACHAPURAM DESOM KOLLAYIL VILLAGE THIRUVANANTHAPURAM , PIN -
695503
6. GOPAN, CHIRAVILAKATHU HOUSE EDAKODE THIRUVANANTHAPURAM , PIN -
695104
7. KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, 3RD FLOOR, REVENUE
COMPLEX, PUBLIC OFFICE COMPOUND, VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM, KERALA , PIN - 695033
8. REVENUE RECOVERY, THAHASILDHAR NEYATTINKARA NEYATTINKARA P.O, PIN -
695121
9. VILLAGE OFFICER, KUNNATHUKAL VILLAGE OFFICE, KUNNATHUKAL
THIRUVANANTHAPURAM, PIN - 695504
10. ADDL.R10. RADHU RADHAKRISHNAN, AGED 27 YEARS, D/O. P.
RADHAKRISHNAN, CONSTABLE, RAILWAY PROTECTION FORCE, CHITTOOR RAILWAY
STATION, CHITTOOR DISTRICT, ANDHRA PRADESH-517001,RESIDING AT
'SREELAKSHMI', ALACKATTUKONAM, KUNNATHUKAL, KARAKKONAM P.O.,
THIRUVANANTHAPURAM, PIN-695504 [IS IMPLEADED AS PER ORDER DATED
06.06.2024 IN I.A. 1/2024 IN WP(C) 38993/2023.]
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 direct the 9th Respondent to accept the tax and issue tax
receipts without making any endorsements of attachment in 6.07 Ares of
land in Re-Survey No.218/8-2, 5.67 Ares of land in Re-Survey No.218/8-1,
5.26 Ares of land in Re-Survey No.218/8 and 4.05 Ares of land in Re-Survey
No.218/9-1 in Kunnathukal Village mentioned in Exhibit P1 and P2 and
direct the 1st Respondent to remove the entries in their registers
relating to the attachments made over the subject property in 6.07 Ares of
land in Re-Survey No.218/8-2, 5.67 Ares of land in Re-Survey No.218/8-1,
WP(C) No.38993/2023 2/6
5.26 Ares of land in Re-Survey No.218/8 and 4.05 Ares of land in Re-Survey
No.218/9-1 in Kunnathukal Village since the attachment is subsequent to
the Mortgage and to register Item No.1 property mentioned in Exhibit P3 in
the name of the auction purchaser.
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
M/S.ANIRUDH KADAVIL, M.J.RAJASREE & K.V.ANIL, Advocates for the
petitioner, GOVERNMENT PLEADER for R1, R7, R8 & R9, M/S.BABU JOSEPH
KURUVATHAZHA, ARCHANA K.S., MOHAMMED SHAFI.K & NOEL EALIAS, Advocates for
R2, M/S.Sarin, PARVATHI KRISHNA, SNEHA JOY, LEKSHMI S.R, SAUMYA.P.S,
Advocates for R5, M/S.SMRITHI S.S. & R.HARIKRISHNAN, Advocates for R6,
SMT.ARCHANA K.S., Advocate for Addl.R10, the court passed the following:
WP(C) No.38993/2023 3/6
C.JAYACHANDRAN, J.
------------------------------------
W.P.(C)Nos.33209/2023, 38993/2023, 43570/2023,
3061/2024, 5841/2024, 10229/2024, 10648/2024,
11179/2024, 12065/2024, 14014/2024,
15203/2024, and 19608/2024
------------------------------------
Dated, this the 11th September, 2024
ORDER
These Writ Petitions are filed seeking a writ of
mandamus against the registering authority, as
also, the Village Officer to delete/efface the
attachments noted in the encumbrance register and
the revenue records. In all the cases, except one
or two, the petitioner is the Bank, which sold the
secured asset to an auction purchaser (arraigned
as respondent in the Writ Petitions) as per the
provisions of the SARFAESI Act. A relief for
registering the secured asset in the name of the
auction purchaser is also sought for, in respect
of which relief, there is no serious dispute,
except in one or two cases. The main relief for
effacement of attachments is not traceable to any
statutory provision, but based on the decision of
W.P(C) No. 33209 of 2023 and connected matters
..2..
a learned Single Judge of this Court in Madan S.
v. Sub Registry, Kollam and others [2014 (1) KLT
406], which was upheld by the Division Bench in
Ali Ashraf M.M and another v. Sub Registrar,
Thrissur [judgment dated 24.07.2015 in
W.A.No.612/2015] and Secretary, Keechery Service
Co-operative Bank v. Sajida Nazar alias Sajitha
P.M. and others [2020 (6) KLT 68].
2. The above Writ Petitions were heard along with
other Writ Petitions, whereupon, this Court
entertained a doubt as regards the correctness of
the directions given in Madan S.(supra) to efface
off the attachments. The matters were heard and
reserved for judgment. While so, a Division Bench
of this Court in W.A.No.1087/2024 doubted the
correctness of Madan S.(supra) and the judgment in
W.A.No.612/2015, and referred the matter for
consideration by a larger bench.
W.P(C) No. 33209 of 2023 and connected matters
..3..
3. In the circumstances, the above Writ Petitions
are re-opened for further hearing, based on the
outcome of the decision of the larger bench
pursuant to the reference made in Writ Appeal
No.1087/2024.
Post the matters before the bench having
jurisdiction as per roster.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
11-09-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 38993/2023
Exhibit P1: A TRUE COPY OF THE LETTER EVIDENCING DEPOSIT OF TITLE DEEDS DATED
22.11.2013 DEPOSITED ON 21.11.2013 EXECUTED BY THE 2ND RESPONDENT IN FAVOUR OF
CANARA BANK, PUTHENCHANTHA BRANCH
Exhibit P2: A TRUE COPY OF THE LETTER EVIDENCING DEPOSIT OF TITLE DEEDS DATED
22.11.2013 DEPOSITED ON 21.11.2013 EXECUTED BY THE 2ND RESPONDENT IN FAVOUR OF
CANARA BANK, PUTHENCHANTHA BRANCH
Exhibit P3: A TRUE COPY OF THE SALE NOTICE DATED 18.08.2023 ISSUED BY THE
PETITIONER UNDER SARFAESI ACT.
11-09-2024 /True Copy/ Assistant Registrar
