Kerala High Court
The Federal Bank Limited, Lcrd Kottayam ... vs Sub Registrar, Sub Registrar’S ... on 28 October, 2025
2025:KER:81243
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WPC 35233/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
WP(C) NO. 35233 OF 2024
PETITIONER/S:
1 THE FEDERAL BANK LIMITED, LCRD KOTTAYAM DIVISION
THEKKUMKAL BUILDING, T.B. ROAD, KOTTAYAM, REPRESENTED BY ITS
AUTHORIZED OFFICER., PIN - 686001
2 SAMKUTTY JOSEPH S/O. JOSEPH K.J
AGED 33 YEARS, RESIDING AT KARUTHEDAM, KUMARAMKARY P.O,
VELIYANAD, KUTTANAD, ALAPPUZHA REPRESENTED BY POWER OF
ATTORNEY HOLDER JOSEPH K.J, AGED 66 YEARS RESIDING AT
KARUTHEDAM, KUMARAMKARY P.O, VELIYANAD, KUTTANAD, ALAPPUZHA,
PIN - 686103
BY SHRI.MOHAN JACOB GEORGE
SMT.P.V.PARVATHY (P-41)
SMT.REENA THOMAS
SMT.NIGI GEORGE
SHRI.ANANTHU V.LAL
SMT.SHERIN VARGHESE
RESPONDENT/S:
1 SUB REGISTRAR, SUB REGISTRAR'S OFFICE,THENGANA DIVISION,
CHANGANASSERY, THENGANA, KOTTAYAM, PIN - 686536
2 VILLAGE OFFICER, THRIKKODITHANAM VILLAGE,
KUNNUPURAM, THRIKKODITHANAM KOTTAYAM, PIN - 686105
3 SURYA TEJA RICE INDUSTRY,
DOOR NO.31957/1, 2, MANDAPETA TOWN & MANDAL, YEDITHA ROAD,
MANDAPETA, EAST GODAVARI, ANDHRA PRADESH REPRESENTED BY ITS
MANAGING PARTNER, PIN - 533308
4 MALLIDI SRINIVAS REDDY, MANAGING PARTNER OF M/S. SURYATEJA
RICE INDUSTRY, SRI KRISHNA CHAITHANYA MODERN RICE MILL, 2-
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WPC 35233/24
68, MOOLA VEEDHI, RAMAVARANM ANAPARTHI, KUTUKULURU, EAST
GODAVARI DIST, ANDHRA PRADESH, PIN - 533264
5 SHAJIMON MATHEW @ SHAJAN KATTACHIRA, PROPRIETOR M/S MATHEW
AND SONS CHITTY FUND AND BANKERS,
OONNUKALLUMTHOTTIYIL HOUSE, KATTACHIRA PO, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686572
6 PHILOMINA XAVIER,
PUTHENPURACKAL HOUSE, RAMANKARY P.O, RAMAKARY VILLAGE,
KUTTANAD TALUK ALAPPUZHA DISTRICT., PIN - 689595
7 SURYA XAVIER,
PUTHENPURACKAL HOUSE, RAMANKARY P.O, RAMAKARY VILLAGE,
KUTTANAD TALUK ALAPPUZHA DISTRICT, PIN - 689595
8 T.D. BABY, PROPRIETOR, THEKKEKARA BROTHERS, MARKET ROAD,
CHANGANACHERRY, THEKKEKARA HOUSE, FATHIMAPURAM P.O, KOTTAYAM
DISTRICT, PIN - 686102
9 M/S. SRI SAI DURGA FOODS,
SRI UDAYABHASKARA MODERN RICE MILL, VEMULAPALLI, DWARAPUDI
POST, MANDAPETTA MANDALAM, EAST GODAVARI DISTRICT, ANDHRA
PRADESH REPRESENTED BY ITS MANAGING PARTNER, PIN - 533341
10 TADI TAMMI REDDY,MANAGING PARTNER OF M/S. SRI SAI DURGA
FOODS, 2-183, MADHYA STREET, ANAPARTHI MANDAL, KOPPAVARAM,
EAST GODAVARI, ANDHRA PRADESH, PIN - 533346
11 SABU A.A
ARYANKALA PUTHUPPARAMBU, KOTTAMURY P.O, THRICODITHANAM,
CHANGANESSERY, KOTTAYAM, PIN - 686105
12 ADDL.R12:SHYNI SHAJAN,W/O LATE SHAJIMON MATHEW @SHAJAN
KATTACHIRA,
AGED 52 YEARS, OONNUKALLUMTHOTTIYIL HOUSE,KATTACHIRA
P.O,KOTTAYAM TALUK,KOTTAYAM DISTRICT, PIN - 686572
13 ADDL.R13: RESHMA SHINA SHAJAN,D/O LATE SHAJIMON MATHEW
@SHAJAN KATTACHIRA,
AGED 27 YEARS, OONNUKALLUMTHOTTIYIL HOUSE, KATTACHIRA P.O.,
KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686572
14 ADDL.R14: ROSHAN SHAJAN,S/O LATE SHAJIMON MATHEW @SHAJAN
KATTACHIRA,
AGED 27 YEARS, OONNUKALLUMTHOTTIYIL HOUSE, KATTACHIRA P.O.,
KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686572
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WPC 35233/24
15 ADDL.R15: ROSHNA SHINA SHAJAN,D/O LATE SHAJIMON MATHEW
@SHAJAN KATTACHIRA.,
AGED 23 YEARS, OONNUKALLUMTHOTTIYIL HOUSE, KATTACHIRA P.O.,
KOTTAYAM TALUK, KOTTAYAM DISTRICT, PION - 686572 *
ADDL.R12 TO R15 ARE IMPLEADED AS PER ORDER DATED 25.09.2025
IN I.A.2/2025 IN WP(C)35233/2024
BY SRI.JACOB CHACKO
SHRI.M.DINESH
SRI.MATHEWS JOSEPH
SHRI.P.SUJITH KUMAR
SHRI.B.V.JOY SANKAR
SHRI.GEORGE JOSEPH (ITTANKULANGARA)
SRI.R.RAJA RAJA VARMA
SHRI.BINU PAUL (NETTOOR)
SHRI.N.KRISHNA MOORTHY
OTHER PRESENT:
GP SRI. K.M FAISAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 35233/24
JUDGMENT
(Dated this the 28th day of October 2025)
The 1st petitioner is the Banking company registered under the
Companies Act, 1913. The 2nd petitioner is the auction purchaser,
who bid in auction an extent of 8.09 ares of land with a residential
building bearing No.237B, Ward No.3 of Thrikodithanam Grama
panchayath comprised in Re.sy No.367/13/3, Block No.8 of
Thrikodithanam village, which was brought to sale under the
SARFAESI Act by the 1st petitioner.
2. The property mentioned above was mortgaged on 19.11.2012
by the 11th respondent towards security for the financial assistance
availed by him. Due to the default committed by the 11th
respondent in repayment, the bank initiated proceedings under the
SARFAESI Act and issued notice under section 13(2) of the Act on
23.10.2018. The borrower did not repay the amount due and hence,
the 1st petitioner took possession of the secured assets on
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21.2.2019. Thereafter, the property was brought for sale and a
tender-cum- auction sale notice was issued by the authorized officer
on 10.6.2024. The 2nd petitioner was the successful bidder and
Ext.P3 sale certificate was issued in his name.
3. When the 1st petitioner took steps to register the sale
certificate in favour of the 2nd petitioner, the 1st respondent refused
it stating that there are attachments in respect of the property from
various courts. Respondent Nos.3 and 4 have obtained attachment
in I.A. No.230 of 2018 in O.S.No.14 of 2018 from the Sub Court,
Kottayam on 17.2.2018 and another attachment in I.A.No.2444 of
2018 in O.S. No.576 of 2018 from the Munsiff Court, Kottyam on
18.6.2019. Likewise the 6th respondent obtained an attachment in
I.A. No.2 of 2020 in O.S. No13 of 2020 of Additional Sub Court,
Kottayam and the 8th respondent obtained an attachment in
O.S.No.89 of 2018 from the Sub court, Kottayam and respondent
Nos.9 and 10 obtained attachment in I.A.No.239 of 2018 in
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O.S.No.36 of 2018 from the Munsiff court, Changanassery.
4. It is also brought to the notice that claim petition No.1 of
2025 in O.S.No.576 of 2018 is allowed on 25.9.2025 lifting the
attachment over the plain schedule property and it was ordered to
communicate the order to the Sub registrar officer and Village
Officer concerned.
5. The liability to the bank as on the date of tender cum auction
was ₹4,98,24,985/- plus future interest, cost and expenditure and
auction will come to ₹73,50,100/- . The petitioner seeks the
following reliefs:
"i. Issue a writ of Mandamus or such other appropriate writ
or order commanding the Respondents 1 and 2 to delete or
efface the attachments noted in Ext-P4 encumbrance
register and revenue records noted in favour of
Respondents 3 to 10 in respect of the property having an
extent of 8.09 Ares of land with residential building
bearing No.237B ward No.3 of Thrikodithanam Grama
Panchayath, comprised in Re-Sy No.367/13/3, Block
No.8, Thrikodithanam Village, Changanecherry Taluk,
Kottayam District within a time limit prescribed by this
Hon'ble court.
ii. Direct the 1st Respondent to register the sale
certificate/sale deed issued by the 1st Petitioner in favour
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of the auction purchaser (2nd petitioner) without subjecting
the same to any attachment obtained in favour of
Respondents 3 to 10 with respect to the property having an
extent of 8.09 Ares of land with residential building
bearing No.237B, Ward No.3 of Thrikodithanam Grama
Panchayath, comprised in Re-Sy No.367/13/3, Block
No.8, Thrikodithanam Village, Changanecherry Taluk,
Kottayam District within a time limit prescribed by this
Hon'ble Court.
iii. Direct the 2nd Respondent to effect mutation of the
property having an extent of 8.09 Ares of land with
residential building bearing No.237B, Ward No.3 of
Thrikodithanam Grama Panchayath, comprised in Re-Sy
No.367/13/3, Block No.8, Thrikodithanam Village,
Changanassery Taluk, Kottayam District in favor of the
2nd Petitioner within a time limit prescribed by this
Hon'ble Court without subjecting the same to any
attachment obtained in favor of Respondents 3 to 10 with
respect to the property."
6. A full bench of this court in Fathima v Canara Bank,
Palakkad (2025 (3) KHC SN 36, has declared that the High court,
in exercise of the jurisdiction under Article 226 of the Constitution
of India, cannot issue a writ of mandamus of certiorari or any other
order directing effacement or deletion of an entry in book No.1
maintained by a registering authority in respect of attachment
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ordered by a civil court or a Family court. At the same time, it was
declared that a writ of mandamus can be issued directing the
registering officers to register a sale certificate issued under
SARFAESI Act despite the existence of attachment entries in Book
No.1, if the attachment ordered was in respect of a secured asset
after the creation of a mortgage in favour of the secured creditor.
In such circumstances, the petitioners are entitled for relief No.2
and therefore, there will be a direction to the 1st respondent to
register the sale certificate/ sale deed issued by the 1st petitioner in
favour of the 2nd petitioner in respect of the property having an
extent 8.09 ares of land with a residential building bearing
No.237B, Ward No.3 of Thrikodithanam Grama panchayath
comprised in Re.sy No.367/13/3, Block No.8 of Thrikodithanam
village, within a period of 1 month from the date of production of
document for registration. As far as the 3rd relief is concerned, once
the registration is completed, the proceedings shall be taken before
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the competent authority, who shall complete the process of
effecting mutation in accordance with law thereafter.
In the result, the Writ Petition is disposed of as above.
Sd/-
BASANT BALAJI
JUDGE
dl/
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APPENDIX OF WP(C) 35233/2024
PETITIONER EXHIBITS
Exhibit P-1 COPY OF THE LETTER DATED 20.11.2012 OF THE
MORTGAGOR CONFIRMING THE DEPOSIT OF THE ORIGINAL
TITLE DEED ON 19.11.2012 CREATING EQUITABLE
MORTGAGE IN FAVOUR OF THE 1ST PETITIONER BANK
TOWARDS SECURITY FOR THE FINANCIAL FACILITIES
AVAILED
Exhibit P-2 COPY OF THE TENDER-CUM-AUCTION SALE NOTICE ISSUED
BY THE AUTHORIZED OFFICER DATED 10.06.2024
Exhibit P-3 COPY OF THE SALE CERTIFICATE DATED 20.07.2024
ISSUED IN FAVOUR OF 2ND PETITIONER
Exhibit P-4 COPY OF THE ENCUMBRANCE CERTIFICATE DATED
12.06.2024 OBTAINED FROM THE THENGANA SRO
Exhibit P-5 COPY OF THE THANDAPPER ACCOUNT NO.21446 EVIDENCING
THE NOTING OF ATTACHMENTS IN REVENUE RECORDS
Exhibit P-5(A) COPY OF THE THANDAPPER ACCOUNT NO.24193 EVIDENCING
THE NOTING OF ATTACHMENTS IN REVENUE RECORDS
