Kerala High Court
Anil Kumar K G vs Sub Registrar, Kuruppumpady on 25 November, 2025
WPC 44200/2025
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2025:KER:90976
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 25TH DAY OF NOVEMBER 2025 / 4TH AGRAHAYANA, 1947
WP(C) NO. 44200 OF 2025
PETITIONER:
ANIL KUMAR K G
AGED 45 YEARS
S/O. GOPI K N, KARICKAL HOUSE, RAYAMANGALAM, KAITHARAM,
ERNAKULAM, PIN - 683545
BY ADV SHRI.SACHU THOMAS
RESPONDENTS:
1 SUB REGISTRAR, KURUPPUMPADY
SUB REGISTRAR OFFICE, KURUPPUMPADY,
ERNAKULAM DISTRICT, PIN - 683545
2 VILLAGE OFFICER, RAYAMANGALAM
VILLAGE OFFICE, RAYAMANGALAM, ERNAKULAM DISTRICT,
PIN - 683545
3 M/S. KAVITHA FINANCE
VIII/498, KURUMASSERY, ERNAKULAM DISTRICT,
REPRESENTED BY IT'S AUTHORIZED SIGNATORY, PIN - 683579
OTHER PRESENT:
SRI. K.M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 44200/2025
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2025:KER:90976
JUDGMENT
(Dated this the 25th day of November, 2025) The petitioner and his wife availed a personal loan of ₹35,000/- from the 3rd respondent company and upon default in repayment of the loan amount, the 3rd respondent initiated arbitration proceedings. The Sole Arbitrator passed an order permitting conditional attachment of the petitioner's property in I.A. No. 1/2023 in Arb. Ref. No. 728 of 2024 dated 12.02.2024. The said order was communicated to the Sub Registrar, Kuruppumpady, and the Village Officer, Rayamangalam, to incorporate the same in the records. Upon clearing of the entire dues with the 3rd respondent, the petitioner and his wife approached the respondent Nos.1 and 2 requesting removal of the attachment entry from the property and revenue records; however they were informed that such effacement could be done only pursuant to an order of a competent court.
2. In such circumstances, the petitioner filed this writ petition for a writ of mandamus or any other appropriate Writ, Order, or direction to the respondents to efface and nullify the attachment entry made pursuant to Ext.P1 in the registration and revenue records pertaining to the petitioner's property comprised in WPC 44200/2025 -3- 2025:KER:90976 Old Survey Nos. 48/5A, 48/5B-2, 49/2A/1 and Re-Survey Nos. 434/4-6 and 434/4-5 of Rayamangalam Village, Ernakulam District, within the jurisdiction of the Sub Registrar Office, Kuruppumpady.
3. The learned counsel for the petitioner relies on a judgment of a Division Bench of this Court in M/s.Shriram Transport Finance Co. Ltd. v. Saneesha M.S and Ors. [2024 SCC online Ker 5233] wherein, it was held as follows:
"10. The question is what is the remedy then available for a third party who is aggrieved by an order of attachment. So long as the order is not enforced, the same is not self workable. If it is enforced through a civil court, necessarily, the third party, who is aggrieved can raise his objection against the enforcement or even after the enforcement, the third party can very well raise an objection as against the enforcement by claiming that the property belongs to him. The Code of Civil Procedure provides necessary mechanism for the third party to raise a claim or title over the property. We are of the view that the writ petitioner -Saneesha M S, is not deprived of any remedy as the Code of Civil Procedure safeguard such interest of the third parties. The law is very clear that the tribunal cannot exercise sovereign function of enforcement and such power is vested with civil court. Therefore, writ petitioner - Saneesha M S can very well resist the enforcement or can raise a claim before the civil court when an order is sought to be enforced. So long as it is not enforced, no right of the writ petitioner - Saneesha M S is deprived of to enjoy the property in accordance with law, if the writ petitioner - Saneesha M S is the real owner of the property. As we noted earlier, we have not decided the maintainability of such challenge in appeal before civil WPC 44200/2025 -4- 2025:KER:90976 court under Section 37 of the Arbitration and Conciliation Act. That will have to be worked out independently as it is not for us to observe whether such appeal is maintainable or not in this proceedings.
11. On conclusion, we are of the view that the arbitral tribunal usurped the power of civil court by directly intimating the order of attachment to the Sub Registrar and the Village Officer. That direction will have to be nullified. Accordingly, we nullify the direction. The Sub Registrar or any revenue officials is not bound by any orders passed by the arbitral tribunal unless such an order is enforced through the civil court. We make it clear that the Sub Registrar or any revenue officials shall not act on the direct intimation of the arbitral tribunal regarding attachment unless and until it is enforced through a civil court. We direct the learned Government Pleader to communicate this order by directing the Principal Secretary, Revenue Department and Finance Department to intimate all registrar as well as the revenue authorities not to record attachment order which is directly communicated by the arbitral tribunal unless and until it is communicated through the civil court by an order. Therefore, we set aside the impugned judgment to the extent it interferes with the order of attachment. Accordingly, the writ appeal is disposed of as above."
The relief sought in the writ petition is covered by the judgment of the Division Bench of this Court in M/s.Shriram Transport Finance (supra). Therefore, it is found that the endorsement in respect of the attachment made by the Sub Registrar, upon the intimation of the Arbitrator, in the registration and revenue records is without authority. Hence, this writ petition is disposed of, and the entry WPC 44200/2025 -5- 2025:KER:90976 made in respect of the attachment made by the Arbitrator is nullified and the 1st respondent is directed to delete the entry of attachment made therein.
Sd/-
BASANT BALAJI JUDGE JS WPC 44200/2025 -6- 2025:KER:90976 APPENDIX OF WP(C) 44200/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER IN I.A. NO. 1/2023 IN ARB.
REF. NO. 728 OF 2024 DATED 12.02.2024 Exhibit P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 13.08.2024 Exhibit P3 TRUE COPY OF THE NO DUE CERTIFICATE DATED 25.09.2025