Kerala High Court
Csb Bank Ltd (Formerly The Catholic ... vs The Sub Registrar on 11 September, 2024
WP(C) No.19608/2024 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. 19608 OF 2024(A)
PETITIONER:
CSB BANK LTD (FORMERLY THE CATHOLIC SYRIAN BANK LTD) VARKALA BRANCH,
THIRUVANANTHAPURAM , REPRESENTED BY ITS AUTHORISED OFFICER SMT.
KAVITHA RAMACHANDRAN, AGM CSB BANK LTD, ASSET RECOVERY BRANCH,
ERNAKULAM, PIN - 682011
RESPONDENTS:
1. THE SUB REGISTRAR, VARKALA SRO, THIRUVANANTHAPURAM, KERALA, PIN -
695141
2. THE VILLAGE OFFICER, VARKALA VILLAGE, THIRUVANANTHAPURAM, KERALA,
PIN - 695141
3. M/S MAHARANI JEWELLERS, AJ TOWER, MAITHANAM, VARKALA,
THIRUVANANTHAPU RAM REPRESENTED BY ITS MANAGING PARTNER MR.
KAMALUDEEN, PIN - 695141
4. M/S NEWMAHARANI JEWELLERS, SH BUILDING, NEAR KSRTC BUS STAND,
KANIYAPURAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING PARTNER
MR. KAMALUDEEN, PIN - 695301
5. KAMALUDEEN, S/O ABDUL HASSAN, AGE NOT KNOWN, VAYALIL VEEDU (SUNITHA
MANZIL) THENGARA, NEAR GHSS VETTOOR, VARKALA, THIRUVANANTHAPURAM,
PIN - 695312
6. ABDUL NOOR, S/O ABDUL HASSAN, AGE NOT KNOWN, AJ MANZIL, VETTOOR,
VARKALA, THIRUVANANTHAPURAM, PIN - 695312
7. SHEREEFUDEEN, S/O ALIYARKUNJU, AGE NOT KNOWN, MARHABA, MUDIYACODE,
CHERUNNIYOOR, VARKALA, THIRUVANANTHAPURAM, PIN - 695142
8. RAVISUDHAN NAIR, S/O AGE NOT KNOWN,LETHIKA BHAVAN, MEENADU,
NEDUNGOLAM, KOLLAM, PIN - 691334
9. SUDHEER, S/O ABDUL HASSAN, AGE NOT KNOWN, AJ MANZIL, VETTOOR,
VARKALA, THIRUVANANTHAPURAM, PIN - 695312
10. SHIHABUDHEEN, S/O ABDUL HASSAN, AGE NOT KNOWN, AJ MANZIL, VETTOOR,
VARKALA, THIRUVANANTHAPURAM, PIN - 695312
11. NADARSHA M, AGED 60 YEARS, S/O MOHAMMED NOOHU, HIRAH , BEHIND
KAIRALI AUDITORIUM , MAITHANAM, VARKALA, THIRUVANANTHAPURAM, PIN -
695141
12. MUHAMMED JAFAR, S/O NAZAR, ALIF DALE, ALAMKOD, THIRUVANANTHAPURAM,
PIN - 695102
13. SHIHABUDEEN, FATHER'S NAME NOT KNOWN TO THE PETITIONER, KIZHEKEVILA
VEEDU, VARKALA, THIRUVANANTHAPURAM, PIN - 695141
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 lst respondent to register the Exhibit P4 sale
certificate issued by the petitioner in the event of the mortgaged
property has sold in private treaty under SARFAESI Act.
WP(C) No.19608/2024 2/6
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. MADHU RADHAKRISHNAN, NELSON JOSEPH, M.D.JOSEPH and DEEPAK ASHOK
KUMAR, Advocates for the petitioners, GOVERNMENT PLEADER for R1 and R2 M/S
V.B.PREMACHANDRAN, VIVEK R.M.and S.REMESAN, Advocates for R13, the court
passed the following:
WP(C) No.19608/2024 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) 19608/2024
Exhibit P4 THE TRUE COPY OF THE SALE CERTIFICATE DATED 25/03/2024
ISSUED BY THE PETITIONER TO THE RESPONDENT NO. 11
11-09-2024 /True Copy/ Assistant Registrar
