Kerala High Court
M/S.Housing Development Finance ... vs The Village Officer on 28 May, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941
WP(C).No.10949 of 2019
PETITIONER:
M/S.HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED
DOOR NO.39/6457 OF COCHIN CORPORATION, RAVIPURAM
JUNCTION, M.G. ROAD, THRIKKANARVATTOM DESOM,
PERUMANOOR P.O, PIN-682015, ERNAKULAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY
ITS AUTHORIZED OFFICER SRI.SACHIN A.S,
S/O. T.K. SHANAVAS, AGED 38.
BY ADV. SRI.SHIJU VARGHESE
RESPONDENTS:
1 THE VILLAGE OFFICER,
EDAKKUNNI VILLAGE OFFICE, EDAKKUNNI TEMPLE ROAD,
AVANISSERI P.O, THRISSUR, KERALA, PIN-680306.
2 ADDL.R2 JAYAKRISHNAN M.J.
AGED 45 YEARS,
NAYARUPARAMBU HOUSE, PANANCHERY LANE,
KOORKKANCHERY.P.O, THRISSUR, PIN-680007.
3 ADDL.R3. GREESHMA VIJAYAN,
AGED 38 YEARS
W/O.JAYAKRISHNAN M.J, NAYARUPARAMBU HOUSE, PANACHERY
LANE, KOORKKANCHERY.P.O, THRISSUR, PIN-680007.
(ADDITIONAL RESPONDENTS 2 AND 3 IMPLEDED AS PER ORDER
DATED 21.05.2019 IN IA NO.01/2019).
OTHER PRESENT:
SRI.R RAJASEKHARAN NAIR, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.10949/2019 2
JUDGMENT
The petitioner, a secured creditor, approached this Court aggrieved by Ext.P3 order of the Village Officer rejecting the application for issuance of ROR certificate submitted by the auction purchaser. The auction was conducted invoking the provisions of the SARFAESI Act. The rejection of the application was on the ground that there are attachments from the Civil Court in regard to the property. The superior right of the secured creditor under the SARFAESI Act would override all the subsequently created rights.
In such view of the matter, the impugned order is set aside. The Village Officer is directed to issue ROR certificate, in accordance with law, without any delay, at any rate, within a period of two weeks.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE smp W.P.(C) No.10949/2019 3 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE DATED 27.03.2019.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR CERTIFICATE DATED 2.4.2019. EXHIBIT P3 TRUE COPY OF THE LETTER BEARING NO.101/2019 DATED 4.4.2019.
RESPONDENTS' EXHIBITS: NIL.
True Copy P.S to Judge smp