Kerala High Court
The Federal Bank Limited, Lcrd ... vs Sub Registrar on 1 July, 2025
WP(C) NO. 20424 OF 2024 1 2025:KER:47691
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 1st DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 20424 OF 2024
PETITIONER:
THE FEDERAL BANK LIMITED, LCRD MAVELIKKARA
(SATELLITE) DIVISION, REPRESENTED BY ITS
ASSISTANT VICE PRESIDENT AND DIVISION HEAD
/AUTHORIZED OFFICER UNDER SARFAESI ACT, 2002.
1ST FLOOR, PADINJARETHALACKAL CHERIAN CHAMBERS,
PUTHIYAKAVU, MAVELIKKARA, ALAPPUZHA DISTRICT-
690101
BY ADVS. SHRI.MOHAN JACOB GEORGE
SMT.P.V.PARVATHY (P-41)
SMT.REENA THOMAS
SMT.NIGI GEORGE
SHRI.ANANTHU V.LAL
SHRI.HARISANKAR S.
RESPONDENTS:
1 SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR, CHERIYANAD,
ALAPPUZHA -689 511, PIN - 690509
2 VILLAGE OFFICER,
CHERIYANAD VILLAGE, ALAPPUZHA, PIN - 690509
3 SRI. SUJITH KUMAR S., S/O.SIVADASAN PILLAI,
POKKADATHU HOUSE, KOLLAKADAVU P.O,
PIN - 690509
WP(C) NO. 20424 OF 2024 2 2025:KER:47691
4 RAJENDRAN NAIR,
VALIYAVEETTIL PADITTATHIL, MAMBRA.P.O,
CHERIYANADU, PIN - 689508
5 UNNIKRISHNAN NAIR,
'SREEPADMAM' AYIKKAD, CHINGOLI.P.O,
KARTHIKAPPALLI, PIN - 690532
6 SMT.MINI R PILLA,
'SREEPADMAM', AYIKKAD,
CHINGOLI.P.O,KARTHIKAPPALLI, PIN - 690532
7 RAKESH PHILIP,
KOTTARAMPARAMBIL, KOTTARKAVU, MAVELIKKARA P.O,
PIN - 690101
8 SIVANKUTTY NAIR, EDASSERIYETHU,
MAMBRA.P.O,CHERIYANADU, PIN - 689508
9 SUNU JOSEPH, SUNU BHAVAN, KIDANGANNOOR.P.O,
KOZHANCHERRY, PIN - 689514
10 LALU VARGHESE, KUTTIYIL VEETTIL,
WEST CHERIYANAD, ALAPPUZHA DISTRICT,
PIN - 689511
11 SUSY GEORGE, KUTTIYIL VEETTIL,
WEST CHERIYANAD, ALAPPUZHA DISTRICT,
PIN - 689511
12 KOSHY PHILIP, CHIRAYIN JOSE VILLA,
KOLLAKKADAVU P.O, ALAPPUZHA, PIN - 690509
13 SAMUEL K P, KUZHIYATHU SUNNY VILLA,
KOLLAKADAVU P O, ALAPPUZHA DISTRICT.,
PIN - 690509
ADDL.R14 AMBILY, W/O. RAJENDRAN NAIR,
AGED ABOUT 44 YEARS, VALIYAVEETTIL
PADITTATHIL, RAJU VIHAR, MAMBRA.P.O,
CHERIYANADU, CHENGANNUR,
WP(C) NO. 20424 OF 2024 3 2025:KER:47691
ALAPPUZHA DISTRICT -689508
ADDL.R15 ARSHA R.NAIR, D/O.RAJENDRAN NAIR,
AGED ABOUT 15 YEARS, VALIYA VEETIL
PADITTATHIL, RAJU VIHAR, MAMBRA P.O.,
CHERIYANAD, ALAPPUZHA DISTRICT, PIN 689 508,
REPRESENTED BY HER MOTHER AND NATURAL
GUARDIAN, AMBILY, W/O.RAJENDRAN NAIR,
AGED ABOUT 44 YEARS, VALIYA VEETIL
PADITTATHIL, RAJU VIHAR, MAMBRA P.O.,
CHERIYANAD, ALAPPUZHA DISTRICT -689508
(ARE IMPLEADED AS 14TH AND 15TH RESPONDENTS AS
PER ORDER DATED 07/10/2024 IN I.A-2/2024 IN
WP(C) 20424/2024).
BY ADVS. SMT.V.VIJITHA
SRI.RAMESH .P
SMT.BLEIMY T.JOSE
SMT.RESMI NANDANAN
SMT.SURYA BINOY,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 20424 OF 2024 4 2025:KER:47691
JUDGMENT
The writ petition is filed with the following prayers.
"A. Issue a Writ of Mandamus or such other
appropriate writ or order commanding the 1st & 2nd
Respondents to delete/efface the attachments noted in
Ext P7 encumbrance register and revenue records
noted in favour of Respondent Nos. 4 to 12 in respect
of the property having an extent of 14.90 Ares in Sy.
No.543/3 ( Block No.12) with building along with all
other improvements thereon in Cheriyanad Village,
Chengannur Taluk, Alappuzha District within a time
limit prescribed by this Hon'ble court.
B. Direct the 1st Respondent to register the sale
certificate/sale deed issued by the Petitioner in favour
of the auction purchaser without subjecting the same
to any attachments obtained in favour of Respondents
No. 4 to 12 with respect to the property having an
extent of 14.90 Ares in Sy. No.543/3 (Block No.12) with
building along with all other improvements thereon in
Cheriyanad Village, Chengannur Taluk, Alappuzha
District within a time limit prescribed by this Hon'ble
Court.
WP(C) NO. 20424 OF 2024 5 2025:KER:47691
C. Direct the 2nd Respondent to effect mutation of the
schedule property in favour of the auction purchaser
without subjecting the same to any attachments
obtained in favour of Respondent Nos. 4 to 12 with
respect to the property having an extent of 14.90 Ares
in Re Sy. No.543/3 (Block No.12) with building along
with all other improvements thereon in Cheriyanad
Village, Chengannur Taluk, Alappuzha District with
building along with all other improvements thereon
within a time limit prescribed by this Hon'ble Court.
D. Dispense with the English translation of Malayalam
documents produced in this writ petition.
E. Grant such other reliefs as are deemed fit and
proper;
F. Grant the cost of this writ petition."
2. The learned counsel for the petitioner submits that as
regards the first prayer seeking to delete/efface the attachments
noted in Ext.P7 encumbrance register, the issue is covered against
by the judgment of this court Fathima v. Canara Bank [2025 (3) KLT
367] and that the petitioner will abide by the directions therein
regarding the deletion of attachment noted. It is also submitted by
WP(C) NO. 20424 OF 2024 6 2025:KER:47691
the learned counsel that the other prayers have become
infructuous. This is recorded.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 20424 OF 2024 7 2025:KER:47691
APPENDIX OF WP(C) 20424/2024
PETITIONER'S EXHIBITS
Exhibit P-1 COPY OF THE SECTION 13(2) NOTICE DATED
29.07.2009 ISSUED BY THE PETITIONER
Exhibit P-2 COPY OF THE LETTER DATED 01.03.2008 OF
THE MORTGAGOR CONFIRMING THE DEPOSIT OF
THE ORIGINAL TITLE DEED ON 17.05.2005
CREATING EQUITABLE MORTGAGE IN FAVOUR
OF THE PETITIONER BANK ALONG WITH
LEGIBLE COPY
Exhibit P-3 COPY OF THE POSSESSION NOTICE DATED
07.01.2010
Exhibit P-4 COPY OF THE RELEVANT PORTION OF THE
PAPER PUBLICATION MADE ON 13.01.2010 IN
ENGLISH DAILY 'THE NEW INDIAN EXPRESS'
Exhibit P-4(a) COPY OF THE RELEVANT PORTION OF THE
PAPER PUBLICATION MADE ON 13.01.2010 IN
MALAYALAM DAILY 'MALAYALA MANORAMA'
Exhibit P-5 COPY OF THE SALE NOTICE ISSUED BY THE
AUTHORIZED OFFICER DATED 20.12.2023
Exhibit P-6 COPY OF THE SALE CERTIFICATE DATED
09.02.2024 ISSUED IN FAVOUR OF 3RD
RESPONDENT
Exhibit P-7 COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 10.01.2024 OBTAINED FROM
CHERIYANADU SRO
// TRUE COPY //
P.A. TO JUDGE
