Kerala High Court
Hema Kala T vs Sub Registrar on 11 September, 2024
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. 33209 OF 2023(A)
PETITIONER:
HEMA KALA T AGED 45 YEARS HB COTTAGE, RAILWAY STATION ROAD,
INCHIVILA, PARASSALA, THIRUVANANTHAPURAM, PIN - 695502
RESPONDENTS:
1. SUB REGISTRAR, S.R.O., PARASSALA, PARASSALA VELLARA ROAD, PARASSALA,
THIRUVANANTHAPURAM, PIN - 695502
2. VILLAGE OFFICER, PARASSALA VILLAGE OFFICE, POST OFFICE JN.,
PARASSALA, THIRUVANANTHAPURAM., PIN - 695502
3. THE AUTHORISED OFFICER BANK OF BARODA, KESAVADASAPURAM BRANCH,
KESAVADASAPURAM JN., THIRUVANANTHAPURAM, PIN - 695004
4. ADDL.R4.MADHUSOODHANAN NAIR S/O GOPALAKRISHNAN NAIR, 'REVATHY
BHAVAN', TC 58/2151(6), KOLIYOOR, MUTHUCAUD P.O., THIRUVALLOM
VILLAGE, (ADDL.R4 TO R7 IMPLEADED VIDE ORDER DATED 22-05-2024 IN IA
1/2024 IN W.P.(C)33209/23)
5. ADDL.R5.HEDGE FINANCE LTD. REPRESENTED BY ITS SENIOR MANAGER, HEDGE
HOUSE, MAMANGALAM, PALARIVATTOM (ADDL.R4 TO R7 IMPLEADED VIDE ORDER
DATED 22-05-2024 IN IA 1/2024 IN W.P.(C)33209/23)
6. ADDL.R6.GOVIND M. A, S/O M. S. ANIL KUMAR, T.C 50/580, 'GOVINDAM
KOTTAYIL VEEDU, KALADY, KARAMANA (ADDL.R4 TO R7 IMPLEADED VIDE ORDER
DATED 22-05-2024 IN IA 1/2024 IN W.P.(C)33209/23)
7. ADDL.R7.MURUGAN, S/O GANGADHARAN NAIR, 'MELATHIL VEEDU', TC 41/1325,
MANACAUD P.O. (ADDL.R4 TO R7 IMPLEADED VIDE ORDER DATED 22-05-2024
IN IA 1/2024 IN W.P.(C)33209/23)
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 1st and 2nd Respondents to efface the attachments on
the property of land admeasuring 2.40 Ares comprised in Re Survey
No.339/13 and 1.95 ares in Re survey No.339/15 in Parassala Village,
Thiruvananthapuram District, pending disposal of this 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
M/S JAYKAR.K.S., M.RAMYA RAMACHANDRAN, SREEPARVATHY P., CLINTON LAWRENCE
and G.BALU, Advocates for the petitioners, GOVERNMENT PLEADER for R1 to R3
and of Mr. Sainu B, Advocate for R6, the court passed the following:
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
