Kerala High Court
P.Sudha vs Village Officer on 9 April, 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 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941
WP(C).No.23464 of 2018
PETITIONER/S:
P.SUDHA, AGED 52 YEARS, WIFE OF KRISHNA KUMAR,
HARITHAM, PUTHANPALLI POST, GURUVAYOOR.
BY ADVS.
SRI.S.VINOD BHAT
KUM.ANAGHA LAKSHMY RAMAN
SRI.LEGITH T.KOTTAKKAL
RESPONDENT/S:
1 VILLAGE OFFICER, ALANGADU VILLAGE OFFICE, ALANGADU,
ALUVA, ERNAKULAM DISTRICT, PIN-683 511.
2 SUB REGISTRAR, ALANGADU SUB REGISTRAR'S OFFICE,
ALANGADU-683 511.
3 DEWAN HOUSING FINANCE CORPORATION LTD.,
GROUND FLOOR, K.M.M.BUILDING,PALARIVATTOM, KOCHI-682
025, REPRESENTED BY ITS AUTHORISED OFFICER.
BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2019, ALONG WITH WP(C).4104/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.23464/2018 & 4104/2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941
WP(C).No.4104 of 2019
PETITIONER/S:
NASSAR M.B., AGED 53 YEARS, SON OF ISMAIL BAVA,
MANNAKULANGARA PARAMBIL HOUSE, KALLEMTUKKARA,
IRINJALAKUDA, THRISSUR, PIN-680683.
BY ADVS.
SRI.S.VINOD BHAT
KUM.ANAGHA LAKSHMY RAMAN
RESPONDENT/S:
1 VILLAGE OFFICER, CHIYYARAM VILLAGE OFFICE,
CHIYYARAM-680026.
2 SUB REGISTRAR, SUB REGISTRAR'S OFFICE, THRISSUR-
680001.
3 AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE
CORPORATION LTD., H.D.F.C. HOUSE, RAVIPURAM,
ERNAKULAM-682016.
BY ADVS.
SRI.K.K.CHANDRAN PILLAI (SR.)
SMT.NAMITHA NAMBIAR
SMT.S.AMBILY
SMT.VANIAH MARIA DOMINIC
SRI.SAJI THOMAS
SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2019, ALONG WITH WP(C).23464/2018, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.23464/2018 & 4104/2019 3
JUDGMENT
[ WP(C) 23464/2018, WP(C).4104/2019 ] The petitioners in both writ petitions are auction purchasers from secured creditor. The secured creditor issued a sale certificate under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the "SARFAESI Act"). The petitioners want to register the same. It is seen from the encumbrance certificate that there are attachments effected over the property.
2. This Court in Madhan S. v. Sub Registrar, Kollam and Others [2014 (1) KHC 249] held that all such encumbrances will have to be effaced from the records of the Sub Registrar. The petitioners' have also a case that the registering authority insisted for issuance of encumbrance certificate for registering the same.
Notwithstanding the attachment effected over the land, the Village Officer shall issue Record WP(C)Nos.23464/2018 & 4104/2019 4 of Right(ROR) certificate in the light of the sale of the secured assets by the secured creditor. This shall be done within one month. Based on the ROR certificate, on compliance of the formalities for registration, the Sub Registrar of the competent jurisdiction shall register the sale certificate in accordance with law. In the light of the judgment of Madhan's case (supra), the entire details regarding attachment effected over the property shall be effaced.
The writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C)Nos.23464/2018 & 4104/2019 5 APPENDIX OF WP(C) NO.23464/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT-P1: COPY OF THE SALE CERTIFICATE DATED 09.05.2018. EXHIBIT-P2: COPY OF THE SALE DEED NO.1580/2004 DATED 10.03.2004.
EXHIBIT-P3: COPY OF THE LOAN AGREEMENT. EXHIBIT-P4: COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 10.06.2018.
EXHIBIT-P5: COPY OF THE ENCUMBRANCE CERTIFICATE ID P 9461599 DATED 02.06.2018.
EXHIBIT-P6: COPY OF THE JUDGMENT DATED 12.04.2018 IN W.P.(C) 13123/2018 OF THE HIGH COURT OF KERALA. RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE WP(C)Nos.23464/2018 & 4104/2019 6 APPENDIX OF WP(C) 4104/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE SALE CERTIFICATE DATED NIL. EXHIBIT P2 COPY OF THE SALE DEED NO.4025/2015 DATED 19.10.2015.
EXHIBIT P3 COPY OF THE LOAN AGREEMENT. EXHIBIT P4 COPY OF THE ENCUMBRANCE CERTIFICATE ID NO.P 10467864 DATED 18.9.2018.
EXHIBIT P5 COPY OF THE LETTER ISSUED BY THE AUTHORISED OFFICER, HDFC LTD. DATED 18.1.2019. EXHIBIT P6 COPY OF THE JUDGMENT DATED 23.10.2018 IN WPC.34285/2018 OF THE HIGH COURT OF KERALA. RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE