Kerala High Court
Pnb Housing Finance Ltd vs The Sub Registrar on 14 July, 2025
2025:KER:51723
WP(C) No. 11660 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 11660 OF 2025
PETITIONER:
PNB HOUSING FINANCE LTD.,
48/559C, 1ST FLOOR, RP ARCADE,
NEAR GOLD SOUK MALL, PONNURUNNI,
VYTILLA, ERNAKULAM, PIN-682019
REPRESENTED BY ITS AUTHORISED OFFICER
AJITH K.P.
BY ADVS.
SHRI.MADHU RADHAKRISHNAN
SHRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
SHRI.JESWIN JACOB
RESPONDENTS:
1 THE SUB REGISTRAR,
ERNAKULAM SRO, SECOND FLOOR,
PERUMPILLY BUILDING, MAHATMA GANDHI ROAD,
KPCC JUNCTION, ERNAKULAM, KERALA, PIN-682011
2 THE VILLAGE OFFICER,
ERNAKULAM VILLAGE, MARINE DRIVE,
ERNAKULAM, KERALA, PIN-682011
3 MENANA RAMACHANDRA SREENIVASA BHAT,
AGED 54 YEARS, RESIDING AT NO. 502,
MOSACO APARTMENTS, NEHRU AVENUE CROSS ROAD,
2025:KER:51723
WP(C) No. 11660 of 2025
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LALBAGH, MANGALORE, KARNATAKA ALSO AT MENANA
HOUSE, DOOR NO.IX/50 OF CHELLANAM PANCHAYAT,
KANNAMALY P.O., KUMBALANGI VILLAGE,
KOCHI TALUK, ERNAKULAM-682008, PIN-575003
4 VEENA,
AGED 49 YEARS,
W/O. MENANA RAMACHANDRA SREENIVASA BHAT,
BLUE WATER FOODS & EXPORTS PVT. LTD.,
281 282 INDUSTRIAL AREA, NABAIKAMPADY, BYKANPADY,
MANGALORE, KARNATAKA ALSO AT MENANA HOUSE,
DOOR NO.IX/50 OF CHELLANAM PANCHAYAT,
KANNAMALY P.O., KUMBALANGI VILLAGE,
KOCHI TALUK, ERNAKULAM-682008, PIN-575011
5 TATASTHA REALTORS PRIVATE LTD.,
FLAT NO.285, FOURTH FLOOR, DDA FLATS, POCKET A,
BLOCK A, BAKKARWALA, WEST DELHI, NEW DELHI
REPRESENTED BY ITS DIRECTOR,
DEVANSHU SAHOO, PIN-110041
6 JOEL VARGHESE,
AGED 24 YEARS, S/O. A.F. VARGHESE,
RESIDING AT VILLA NO.15, 47/179-49,
LORDS COTTAGE PHASE 1, HEAVENLY HOME,
KARSHAKA ROAD, GREEN GARDEN COLONY,
VADUTHALA, ERNAKULAM, PIN-682023
R1&R2 SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:51723
WP(C) No. 11660 of 2025
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MOHAMMED NIAS C.P., J.
-----------------------------------------------------
W.P.(C) No. 11660 of 2025
----------------------------------------------------
Dated this the 14th day of July, 2025
JUDGMENT
The Writ Petition is filed with the following prayers:-
(i) Issue a Writ of Mandamus directing the 1 st
respondent to register the Exhibit P3 sale certificate
dated 31.12.2024 issued in favour of the 5th
respondent by the secured creditor under SARFAESI
Act with respect to the mortgaged property No.1.
(ii) Issue a Writ of Mandamus or any other
appropriate writ order of direction directing the 1 st
respondent to efface/delete all the attachments
reflecting on the mortgaged property.
(iii) Issue a Writ of Mandamus directing the 2 nd
respondent to carry out the mutations of the secured
asset in favour of the purchaser/s, on registration of
the sale certificate.
(iv) Pass such other writ order or direction as this
Hon'ble court may deem fit and proper.
(v) Award the costs of the Writ Petition.
2025:KER:51723
2. As regards the prayers, both sides submit that the issue
is covered by the judgment of this Court in Fathima v. Canara Bank
[2025 (3) KLT 367].
3. Accordingly, the prayer for registering Ext.P3 sale
certificate issued in favour of the 5th respondent has to be allowed.
Consequently, there will be a direction to the 1 st respondent to
register Ext.P3 sale certificate dated 31.12.2024 in favour of the 5 th
respondent within one month from the date of presentation of the
documents.
4. As regards the second prayer, the petitioner will have to
take appropriate steps as directed in the above judgment. On the 1 st
respondent registering Ext.P3 sale certificate, the 2nd respondent will
consider the request of the petitioner for mutation of the secured
assets in favour of the purchaser, without further delay.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2025:KER:51723
APPENDIX OF WP(C) 11660/2025
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DEPOSITION OF TITLE
DEED DATED 30-04-2018
Exhibit P2 THE TRUE COPY OF THE DEPOSITION OF TITLE
DEED DATED 17-05-2018
Exhibit P3 TRUE COPY OF THE SALE CERTIFICATE DATED
31/12/2024 ISSUED BY THE PETITIONER IN
FAVOUR OF RESPONDENT NO.5
Exhibit P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
NO. 3758/2025 DATED 28/02/2025
Exhibit P5 TRUE COPY OF THE ORDER DATED 6/6/2022
PASSED BY THE HON'BLE 1ST ADDITIONAL SUB
COURT ERNAKULAM IN IA 2/2021 IN OS NO.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
20/10/2022 PASSED BY THE HON'BLE 1ST
ADDITIONAL SUB COURT ERNAKULAM IN OS
Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN WPC
16745/2018 PASSED BY THE HON'BLE HIGH
COURT OF KERALA
Exhibit P8 TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN WPC NO. 3956/2019
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.
27827/ 2020 PASSED BY THE HON'BLE HIGH
COURT OF KERALA
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC NO.
5241/2022 DATED 23/3/2022 PASSED BY THE
HON'BLE HIGH COURT OF KERALA
