Kerala High Court
Union Bank Of India vs The Sub Registrar on 11 September, 2024
WP(C) No.12065/2024 1/5
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. 12065 OF 2024 (G)
PETITIONER:
UNION BANK OF INDIA, ASSET RECOVERY BRANCH, 2ND FLOOR, UNION BANK
BHAVAN, M.G. ROAD, ERNAKULAM, REP. BY ITS CHIEF MANAGER, SURESH
SACHIDANANDAN, PIN - 682 035.
RESPONDENTS:
1. THE SUB REGISTRAR, OFFICE OF SUB REGISTRAR, KARAKULAM SRO,
THIRUVANANTHAPURAM, PIN - 695 564.
2. THE TAHSILDAR, TALUK OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM, PIN -
695 541.
3. THE VILLAGE OFFICER, KARAKULAM VILLAGE OFFICE, THIRUVANANTHAPURAM,
PIN - 695 564.
4. ALLEPPEY BACKWATER RESOURCES PVT. LTD., KAYALORAM LAKE
RESORT, AVALOOKKUNNU P.O., PUNNAMADA, ALAPPUZHA, REP. BY ITS
MANAGING DIRECTOR, PIN - 688 006.
5. ADDL.R5: SREEKANTH PADMARAJAN, S/O. P.G. PADMARAJAN, VAISHNAVAM,
THETTIKKOTTU LANE, CHAITHANYA NAGAR, PERUMBAVOOR, ERNAKULAM-683 542
(ADDL.R5 IS IMPLEADED VIDE ORDER DATED 06.06.2024 IN IA NO.1/2024 IN
WP(C))
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 first respondent to efface the order of attachments
passed by this Honourable Court on 25.11.2019 in FAO No. 165/2019,
reflected in Ext.P3 encumbrance certificate, pending disposal of the 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.SADCHITH P.KURUP, ASP.KURUP, C.P.ANIL RAJ, SIVA SURESH, B.SREEDEVI &
ATHIRA VIJAYAN, Advocates for the petitioner, GOVERNMENT PLEADER for R1 to
R3 and of SRI.VINOD JABAR, Advocate for the Addl.R5, the court passed the
following:
WP(C) No.12065/2024 2/5
C.JAYACHANDRAN, J.
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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) 12065/2024
Exhibit P3 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED
11.3.2024 ISSUED FROM KARAKULAM SUB REGISTRY
11-09-2024 /True Copy/ Assistant Registrar
