Kerala High Court
South Indian Bank vs Sub Registrar on 7 August, 2025
2025:KER:59335
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 4431 OF 2024
PETITIONER:
SOUTH INDIAN BANK
KALAMASSERY, ERNAKULAM DISTRICT,
REPRESENTED BY ITS CHIEF MANAGER,
H.O. COLLECTIONS AND RECOVERY DEPARTMENT, VIPIN DAS,
AGED 42 YEARS, PIN - 682039
BY ADVS.
SRI.SAIJO HASSAN
SHRI.RAFEEK. V.K.
SRI.U.M.HASSAN
SMT.AATHIRA SUNNY
SHRI.M.NOOHUKUNJU SAHIB
SMT.DEVI.R.SENS
SHRI.ASWIN K.R.
SHRI.ABRAHAM J. KANIYAMPADY
SHRI.PHILLIP VARGHESE THOMAS
SMT.V.P.REJITHA
RESPONDENTS:
1 SUB REGISTRAR
SUB REGISTRAR'S OFFICE, CHEMBUKKAV, THRISSUR.,
PIN - 680020
2 SWARNA ALAPPATT JEWELLERY
REPRESENTED BY ONE OF ITS PARTNER VINCENT ALAPPAT,
ROOM NO 3/352, MAIN ROAD, PUDUKKADU, VIYYUR P.O.,
THRISSUR, KERALA., PIN - 680010
3 VINCENT ALAPPATT
PARTNER OF M/S SWARNA ALAPPATT JEWELLERY,
S/O A K OUSEPH, ALAPPATT HOUSE, KOTTEKKAD,
KUTTUR P.O., THRISSUR., PIN - 680013
WP(C) NO. 4431 OF 2024 2
2025:KER:59335
4 SUNIL ALAPPATT
PARTNER OF M/S SWARNA ALAPPATT JEWELLERY,
S/O A K OUSEPH, ALAPPATT HOUSE, KOTTEKKAD,
KUTTUR P.O., THRISSUR., PIN - 680013
5 DHIPU
S/O. GOPALAKRISHNAN, VILAKKATHARA HOUSE, POTTORE P.O.,
THRISSUR., PIN - 680581
6 MEENA ALAPPATT
D/O A K OUSEPH, ALAPPATT HOUSE, KOTTEKKAD, KUTTUR PO,
THRISSUR., PIN - 680013
7 JULIE
W/O VINCENT ALAPPATT, ALAPPATT HOUSE, KOTTEKKAD,
KUTTUR PO, THRISSUR., PIN - 680013
8 VILLMOL
W/O SUNIL ALAPPATT, ALAPPATT HOUSE, KOTTEKKAD,
KUTTUR P.O., THRISSUR., PIN - 680013
9 AEVAS BUSINESS SOLUTION PRIVATE LIMITED
REPRESENTED BY SOJAN, DIRECTOR, AEVAS TOWER,
AMBALAPURAM, PERIGANDOOR P.O., THRISSUR DISTRICT.,
PIN - 680581
10 SUNNY JOSEPH
VANIYAKIZHAKKEL HOUSE, MALAMKUNNATHUKAVU P.O.,
THRISSUR., PIN - 680581
11 PRAMOD MENON
AGED 51 YEARS
S/O. EVG MENON ALIAS VENUGOPALA MENON, DEVI KRIPA,
INDIRA NAGAR, KURUMUKKU DESOM, VILVATTAM VILLAGE,
THRISSUR TALUK,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER,
EVG MENON ALIAS VENUGOPALA MENON,
S/O. DR. P VASUDEVA NAMBEESAN, AGED 79, DEVI KRIPA,
INDIRA NAGAR, KURUMUKKU DESOM, VILVATTAM VILLAGE,
THRISSUR TALUK., PIN - 680008
12 SEBI JACOB
AGED 50 YEARS
S/O JACOB, THEKKANATH HOUSE, PURANATTUKARA DESOM,
PURANATTUKARA VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT., PIN - 680551
13 SUMA SEBI
AGED 43 YEARS
W/O SEBI JACOB, THEKKANATH HOUSE, PURANATTUKARA DESOM,
WP(C) NO. 4431 OF 2024 3
2025:KER:59335
PURANATTUKARA VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680551
14 JOSE M.P.
AGED 73 YEARS
S/O. PORINJU, ATHANI DESOM, MURIYAD, MINALUR VILLAGE,
THALAPPILLI TALUK, THRISSUR DISTRICT, PIN - 680683
15 GENERAL KURIS AND LOANS PRIVATE LIMITED
REPRESENTED BY ITS MANAGER, WADAKKANCHERRY P.O.,
THRISSUR DISTRICT., PIN - 680582
16 SAVANA CHITS PRIVATE LIMITED
REPRESENTED BY ITS MANAGER, CITY CASTLE BUILDING,
KIZHAKKEKOTTA DESOM, THRISSUR VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN - 680005
17 VINCENT V.K.
AGED 64 YEARS
S/O. VELOOKKARAN KOCHAPPU, KOZHIKKUNNU DESOM,
KILLANNOOR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT,
PIN - 680581
18 THE NEW TRICHUR COMPANY PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT KANDASSANKADAVU DESOM,
KARAMUCK VILLAGE, P.O. KANDASSAMKADAVU,
THRISSUR TALUK, REPRESENTED BY ITS MANAGING DIRECTOR,
VARGHESE JOSE, 52 YEARS,
S/O. THANIKKAL CHALISSERY JOSE, KARAMUCK VILLAGE,
THRISSUR TALUK., PIN - 680613
19 RAJAN
AGED 60 YEARS
S/O. SANKARA KURUP, NEELAMPILLY HOUSE, MANITHARA
DESOM, THANGALOOR VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT., PIN - 680596
20 T.C. KOYA
AGED 74 YEARS
S/O. CHEKKU, THAZHATHETHIL HOUSE, ERATTAKULANGARA,
WADAKKANCHERRY, THRISSUR DISTRICT., PIN - 680582
21 GEETHA BHAI
AGED 64 YEARS
W/O. GOVINDAN, PULLOOTTI PARAMBIL, KONCHERRY ROAD,
MULANKUNNATHU KAVU DESOM, KILLANNOOR VILLAGE, THRISSUR
TALUK, THRISSUR DISTRICT, PIN - 680581
22 JINOY
AGED 36 YEARS
WP(C) NO. 4431 OF 2024 4
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S/O. PAVARTTIKKARAN ANTONY, MANAKKODI P.O.,
MANAKKODI DESOM, MANAKKODI VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER,
P.V. ANTONY, AGED 72, S/O. VAREED, PAVARTTIKARAN
HOUSE, MANAKKODY P.O., THRISSUR DISTRICT - 680012
23 SASIDHARAN K.K.
AGED 58 YEARS
S/O. KUNJU EZHUTHACHAN, KUMARAMBUZHA HOUSE,
AKKARAPURAM DESOM, MADAKKATHARA VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT., PIN - 680651
24 C.V. DAVID
S/O. VAREETH, CHEMBAKASSERY HOUSE, POTTOR VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT., PIN - 680581
25 KLM AXIVA FINVEST LTD., THRISSUR BRANCH
FORMERLY KNOWN AS NEEDS FINVEST LTD.,
REGISTERED OFFICE AT D.NO. 3-4-186, TOBACCO BAZAR
LANE, BEHIND MAHAKALI TEMPLE, SECUNDERABAD - 500003,
BRANCH OFFICE AT THRISSUR
REPRESENTED BY ITS ASSISTANT MANAGER,
MR. DHANESH K.S., S/O. SUKUMARAN K.P., AGED 43,
DHANESH BHAVAN, VALAMANGALAM SOUTH, THURAVOOR P.O.,
CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688532
26 RAMLA KOYA
AGED 63 YEARS
W/O. T.C. KOYA, THAZHATHETHIL HOUSE, ERATTAKULANGARA,
WADAKKANCHERRY, THRISSUR DISTRICT., PIN - 680582
27 P.S. VELAYUDHAN
AGED 86 YEARS
S/O. SANKARAN, AISWARYA, THEKKANATH HOUSE,
MULANGUNNATHU KAVU P.O., THRISSUR DISTRICT - 680581
28 VYSRAVANA KURIS PRIVATE LIMITED
PERUMBILLISSERY DESOM, CHOVVOOR VILLAGE,
THRISSUR TALUK, REPRESENTED BY ITS CHAIRMAN,
VISWANATHAN, AGED 63, S/O. SANKARAN MASTER,
PERUMBILLISSERY DESOM, CHOVVOOR VILLAGE, THRISSUR
TALUK, CHERPPU P.O, THRISSUR., PIN - 680561
29 KLM AXIVA FINVEST LTD., PALARIVATTOM BRANCH
FORMERLY KNOWN AS NEEDS FINVEST LTD., 4TH FLOOR,
V.M. PLAZA, KAKKANAD ROAD, PALARIVATTOM, COCHIN,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, RAJESH
KUMAR R., AGED 41, S/O. VASUDEVAN NAIR,
RESIDING AT PRANAVAM HOUSE, KUNNAMANGALAM P.O.,
WP(C) NO. 4431 OF 2024 5
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CALICUT, NOW IN SERVICE OF THE COMPANY AS MANAGER
LEGAL., PIN - 682025
30 ANJU SUBRAMANIAN @ ANJUMOL
AGED 32 YEARS
W/O. PRAJOD, THEKANATH HOUSE, PERUVALLUR DESOM,
MULLASSERY, THRISSUR, PIN - 680508
31 FATHIMANATHA KURIES PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT KOTTEKKAD DESOM,
KUTTUR VILLAGE, P.O. , THRISSUR TALUK, REPRESENTED BY
ITS MANAGING DIRECTOR, CL IGNATIOUS, AGED 53 YEARS,
S/O. CHITTILAPILLY LONA KOTTEKKAD DESOM, KUTTUR
VILLAGE, THRISSUR TALUK., PIN - 680013
BY ADVS.
SRI.P.FAZIL
SRI.JOSEPH SEBASTIAN PURAYIDAM
SRI.V.C.MADHAVANKUTTY
SHRI.G.RENJITH
SHRI.FADIL FAZIL
SMT.JAYASREE MANOJ
SRI.SAJU THALIATH
SRI.JITHIN PAUL VARGHESE
SMT.ASWATHY JAYACHANDRAN
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4431 OF 2024 6
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MOHAMMED NIAS C.P., J
............................................................
W.P.(C) No.4431 of 2024
.............................................................
Dated this the 7th day of August, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
"a. issue a Writ of mandamus or any other appropriate
writs, directions or order directing the 1 st respondent to
register Exhibits P13 and P14 sale certificates without
encumbrances of attachment and after effacing the
attachments over the said properties and register the same
on presentation of the same on payment of requisite stamp
duty.
b. Issue a writ of mandamus and or other appropriate writs,
directions or order directing the 1st respondent to eface the
attachments effected over Exhibits P13 and P14 sale
certificates.
c. Dispense with filing of the English translation of
vernacular documents as per order dated 04.08.2022 in
WP(C)16441/2021.
d. Award the cost of the Petitioner of these proceedings.
AND
e. Grant such other relief deem fit under the circumstances
of the case"
2. The prayer sought for by the petitioner in this writ
petition is covered against him by the judgment of this
2025:KER:59335
Court in Fathima v. Canara Bank [2025 (3) KLT 367] .
It will be open to the petitioner to take such steps as
directed in the above judgment concerning the prayers
sought for.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
AJ
2025:KER:59335
APPENDIX OF WP(C) 4431/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SALE DEED NO. 4431 OF 2012 DATED
03.09.2012 REGISTERED AT SUB REGISTRAR OFFICE,
THRISSUR
Exhibit P2 TRUE COPY OF SALE DEED NO. 4432 OF 2012 DATED
03.09.2012 OF SUB REGISTRAR OFFICE (SRO), THRISSUR
Exhibit P3 TRUE COPY OF SALE DEED NO. 2362 OF 2011 DATED
01.06.2011 OF SRO, THRISSUR
Exhibit P4 TRUE COPY OF SALE DEED NO. 2361 OF 2011 DATED
01.06.2011 OF SRO, THRISSUR
Exhibit P5 TRUE COPY OF SALE DEED NO. 3822 OF 2013 DATED
16.08.2013 OF SRO, THRISSUR
Exhibit P6 TRUE COPY OF SALE DEED NO. 1106 OF 2014 DATED
05.03.2014 OF SRO, THRISSUR
Exhibit P7 TRUE COPY OF SALE DEED NO. 3821 OF 2013 DATED
16.08.2013 OF SRO, THRISSUR
Exhibit P8 TRUE COPY OF LETTER DATED 07.02.2013 ISSUED BY THE
3RD AND 4TH RESPONDENTS CONFIRMING THE CREATION OF
EQUITABLE MORTGAGE OVER PROPERTIES COVERED BY
EXHIBITS P1, P2 AND P4
Exhibit P9 TRUE COPY OF LETTER DATED 18.06.2014 ISSUED BY THE
3RD AND 4TH RESPONDENTS CONFIRMING THE CREATION OF
EQUITABLE MORTGAGE OVER PROPERTY COVERED BY
EXHIBIT P3
Exhibit P10 TRUE COPY OF LETTER DATED 14.03.2015 ISSUED BY THE
3RD RESPONDENT CONFIRMING THE CREATION OF
EQUITABLE MORTGAGE OVER PROPERTIES COVERED BY
EXHIBITS P5, P6 AND P7
Exhibit P11 TRUE COPY OF NOTICE DATED 28.08.2019 ISSUED UNDER
SECTION 13(2) OF THE SARFAESI ACT
Exhibit P12 TRUE COPY OF THE TENDER CUM AUCTION SALE NOTICE
DATED 15.11.2023 ISSUED BY THE PETITIONER.
Exhibit P13 TRUE COPY OF THE CERTIFICATE OF SALE DATED
27.12.2023 ISSUED BY THE PETITIONER TO THE 9TH
RESPONDENT
Exhibit P14 TRUE COPY OF THE CERTIFICATE OF SALE DATED
27.12.2023 ISSUED BY THE PETITIONER TO THE 10TH
RESPONDENT
