Kerala High Court
Indian Bank, Paripally Branch ... vs Sub Registrar Chathanoor on 2 September, 2022
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
WP(C) NO. 27273 OF 2022
PETITIONER:
1 INDIAN BANK, PARIPALLY BRANCH REPRESENTED BY ITS SENIOR
MANAGER
BUILDING NO. 14/1126,MOHANA VILASAM,
NH-66,PARIPALLY JUNCTION, PARIPALLY POST,
KOLLAM - 691574, PIN - 691574
BY ADV S.EASWARAN
RESPONDENTS:
1 SUB REGISTRAR CHATHANOOR
REGISTRAR OFFICE,
CHATHANOOR P.O,
GUEST HOUSE ROAD, CHATHANOOR
KOLLAM, PIN - 691572
2 MRS JISSAYU M
W/O SUDHEER,
PROPRIETOR OF
M/S VARIETY BOOKS & PUBLISHERS,
AL RAYYAN,
THAZHAM,
CHATHANOOR , PIN - 691572
3 SUDHEER S
S/O SULAIMAN RAWTHER,
M/S VARIETY MARKETING AGENCIES,
AL RAYYAN,
THAZHAM,
CHATHANOOR, PIN - 691572
4 HAREESH SASIDHARAN
S/O SASIDHARAN VASU,
HARISREE BHAVAN,
VELIYAM.P.O,
KOLLAM, PIN - 691540
5 PRABHAKARAN
KALLUVILA PUTHEN VEEDU,
THAZHAM NORTH,
CHATHANOOR, PIN - 691572
6 NIHAS T.N
S/O THAJUDEEN
NIHAS MANZIL
VADAKKEVILLA CHERRY
VADEKEVILLA VILLAGE
KOLLAM , PIN - 691010
WPC NO.27273 of 2022
2
BY ADVS.
ADV. K.B. SONY, GOVERNMENT PLEADER
S.SREEKUMAR (KOLLAM)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.27273 of 2022
3
JUDGMENT
Dated this the 02nd day of September, 2022 The petitioner has approached this Court being aggrieved by the fact that the 1 st respondent has refused to register the sale certificate issued by the petitioner in favour of the 4th respondent on account of the fact that there are pending attachments obtained by respondents 5 and 6 from the Munsiff's Court, Paravoor and Sub Court, Kollam.
2. The learned counsel appearing for the petitioner states that the mortgage in this case was created on 21.01.2016 and the attachments as is evident from Ext.P5 was obtained on a later date. It is submitted that going by the decision of this Court in Travancore Devaswom Board v. Deputy Examiner, Local Fund Audit & others [2020 3 KHC 129], the existence of attachments cannot affect the mortgage and on the petitioner bringing the property to sale, the 1st respondent was bound to WPC NO.27273 of 2022 4 register the sale certificate and also to efface the entire attachments obtained at the instance of respondents 5 and 6.
3. Though notice was issued in this matter by special messenger to respondents 5 and 6, there is no appearance for them in these proceedings.
4. Heard the learned Senior Government Pleader also.
5. Having regard to the facts and circumstances of the case and considering the law laid down in Travancore Devaswom Board's case (supra), I am of the view that the petitioner is entitled to succeed. The attachments effected at the instance of respondents 5 and 6 are apparently after the date of mortgage and cannot affect the mortgage and the sale proceedings. Therefore, this writ petition is disposed of directing the 1 st respondent to register the sale certificate issued by the petitioner in favour of the 4th respondent and also to efface the attachments obtained by respondents 5 and 6 from WPC NO.27273 of 2022 5 the Encumbrance Certificate.
The writ petition is disposed of.
Sd/-
GOPINATH P. JUDGE SKP/02-09 WPC NO.27273 of 2022 6 APPENDIX OF WP(C) 27273/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE LETTER OF CONFIRMATION OF MORTGAGE DATED 25.1.2016 EXHIBIT P2 COPY OF THE DEMAND NOTICE 11.7.2017 ISSUED UNDER SECTION 13(2) OF THE SECURITISATION ACT. EXHIBIT P3 COPY OF THE SALE NOTICE DATED 14.2.2022 ISSUED BY THE PETITIONER EXHIBIT P4 COPY OF THE SALE CERTIFICATE ISSUED BY THE PETITIONER IN FAVOUR OF THE 4TH RESPONDENT EXHIBIT P5 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 30.4.2022 EXHIBIT P6 COPY OF THE ORDER DATED 29.3.2017 IN OS NO 83/2017 ON THE FILES OF MUNSIFF COURT NORTH PARAVOOR EXHIBIT P7 COPY OF THE ORDER DATED 20.1.2020 IN OS NO 7 OF 2020 ON THE FILES OF SUB COURT KOLLAM RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE