Kerala High Court
Murali T S,S/O Seethankan vs Sub-Registrar, North Paravoor on 6 August, 2025
WP(C) NO. 6082 OF 2025 1
2025:KER:58719
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 6082 OF 2025
PETITIONER:
MURALI T S,S/O SEETHANKAN,
AGED 63 YEARS
THAIVAIPPU PARAMBIL, THURUTHIPPURAM, MOOTHAKUNNAM,
PUTHENVELIKKARA, ERNAKULAM, PIN - 683521
BY ADVS.
SHRI.KURIAN ANTONY MATHEW
SRI.ARUN THOMAS
SHRI.MATHEW NEVIN THOMAS
SMT.LEAH RACHEL NINAN
SMT.APARNNA S.
SHRI.ARUN JOSEPH MATHEW
SHRI.ADEEN NAZAR
SHRI.NOEL NINAN NINAN
RESPONDENTS:
1 SUB-REGISTRAR, NORTH PARAVOOR
SUB-REGISTRAR OFFICE, NORTH PARAVOOR, NORTH PARAVUR,
KERALA, PIN - 683513
2 VILLAGE OFFICER, PARAVOOR,
VILLAGE OFFICE, PARAVOOR, KANNANKULANGARA, NORTH
PARAVOOR P O, ERNAKULAM, KERALA, PIN - 683513
3 AADHAR HOUSING FINANCE LIMITED,
DOOR NO 62/4783, RAMLEELA, 1ST FLOOR, MAHAKAVI G ROAD,
IYYATTIL JUNCTION, KOCHI, ERNAKULAM, REPRESENTED BY ITS
AUTHORISED OFFICER, PIN - 682011
4 AISHA UNNIKRISHNAN,
WP(C) NO. 6082 OF 2025 2
2025:KER:58719
AGED 54 YEARS
D/O MUHAMMED, EDATHITHARA HOUSE, PARAYAKAD, PARAVUR P O,
ERNAKULAM, PIN - 683513
5 ARUNKUMAR U.E.,
AGED 33 YEARS
S/O AISHA UNNIKRISHNAN, EDATHITHARA HOUSE, PARAYAKAD,
PARAVUR P.O., ERNAKULAM, PIN - 683513
6 CHITTATTUKARA GRAMAPANCHAYAT,
MUNAMBAM KAVALA, VADAKKEKARA, NORTH PARAVUR, KERALA,
REPRESENTED BY ITS SECRETARY, PIN - 683522
7 KAVITHA FINANCE,
KAVITHA NIDHI LIMITED, DOOR 5/822 D, KAVITHA BUILDING,
MUNICIPAL JUNCTION, NORTH PARAVOOR, ERNAKULAM,
REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 683513
8 PUSHKAKA T R,
THIYYAYIL HOUSE, PARAYAKKAD, CHITTATUKARA VILLAGE, NORTH
PARAVOOR, PIN - 683513
9 INDHU T J,
MATTAPPILLISSERY HOUSE, CHERIYAPALLAMTHURUTH, NORTH
PARAVOOR, ERNAKULAM, KERALA, PIN - 683513
BY ADVS.
SHRI.A.SURESH
SHRI.K.S.ARUN KUMAR, SC, CHITTATTUKARA GRAMA PANCHAYAT
SHRI.JEEVADAS H.
SHRI.RASSAL JANARDHANAN A.
SHRI.ASWIN KUMAR M J
SHRI.ALBIN GEORGE
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6082 OF 2025 3
2025:KER:58719
JUDGMENT
The writ petition is filed with the following prayers:
"1. To issue a Writ of Mandamus, Writ Order or Direction, declaring that
the prior/first secured registered charge of 3rd Respondent by way of
Exhibit P7 has priority over all other subsequent charges;
2. To issue a Writ of Mandamus, Writ Order or Direction, commanding
the 1st Respondent to efface the charges placed by 6th to 9th Respond-
ents, as reflected in Exhibit P8 Encumbrance Certificate, which are sub-
sequent to Exhibit P7 charge;
3. To issue a Writ of Mandamus, Writ Order or Direction, directing the
1st Respondent to register Exhibit P1 Sale Certificate of the Petitioner;
4. To issue a Writ of Mandamus, Writ Order or Direction, commanding
the 2nd Respondent to mutate the property to the Petitioner's name and
allow the Petitioner to pay land tax;
5. To dispense with the translation of documents produced in vernacu-
lar language; and
6. To issue such appropriate Writ, Order or Direction which this Hon'ble
Court may deem fit and just in the circumstance of case and interest of
justice."
2. The issue raised in this case is covered by the judgment of
this Court in Fathima v. Canara Bank [2025(3) KLT 367]. The prayers
sought for in 1 and 2 above cannot be granted, given the decision
referred to above. It will be open to the petitioner to take such steps as
stated in the judgment referred to above, concerning those prayers.
2025:KER:58719
3. As regards the third prayer, there will be a direction to register
Ext.P1 Sale Certificate of the petitioner within one month from the date
of its presentation, subject to compliance with the other requirements
of law. The petitioner may, after registration, seek mutation of the
property in accordance with law.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
lsn
2025:KER:58719
APPENDIX OF WP(C) 6082/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE CERTIFICATE DATED 27-
12-2024 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER FOR THE PROPERTY
Exhibit P2 A TRUE COPY OF THE DD FOR RS. 6,00,000
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT FOR PURCHASING THE PROPERTY
Exhibit P3 A TRUE COPY OF THE REGISTERED GIFT DEED, DATED
03-07-2017, BY WHICH THE 4TH RESPONDENT,
BORROWER, OBTAINED THE PROPERTY IN HER NAME
Exhibit P4 A TRUE COPY OF THE RELEVANT LOAN DOCUMENT
(DEPOSIT OF TITLE DEED) BETWEEN 3RD, 4TH AND
5TH RESPONDENT SHOWING EQUITABLE MORTGAGE OF
THE PROPERTY
Exhibit P5 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE,
DATED 09-10-2018, OF THE PROPERTY, FOR THE
PERIOD 01-01-1987 TO 05-10-2018
Exhibit P6 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE,
DATED 22-12-2018, OF THE PROPERTY, FOR THE
PERIOD 01-10-2018 TO 17-12-2018
Exhibit P7 A TRUE COPY OF THE CERSAI REPORT SHOWING THAT
THE 3RD RESPONDENT REGISTERED THEIR CHARGE OVER
THE PROPERTY AS EQUITABLE MORTGAGE ON 15-01-
Exhibit P8 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
OBTAINED BY THE PETITIONER, DATED 27-11-2024,
OF THE PROPERTY, FOR THE PERIOD 17-12-2018 TO
18-11-2024
RESPONDENT ANNEXURES
ANNEXURE-R6 (A) A TRUE COPY OF THE AGREEMENT DATED 18-1-2019
