Sundaram Home Finance Ltd Formerly ... vs State Of Kerala on 13 July, 2021
2. The petitioner states that they are a Housing Finance Institution
registered under the Companies Act, 1956. It is contended that one Shaji V. and
Deepa V.T availed a housing loan facility for a sum of Rs.11,00,000/- from the
petitioner Company by depositing the original title deeds of property having an extent
of 13 cents in Sy.No.1279/3 along with a building bearing Door No.MP/6/191A
situated in Edakkara Village, Nilambur Taluk in Malappuram District. They committed
default and the asset was classified as a non performing one. Proceedings under
the SARFAESI Act were initiated and later, the property was sold in strict compliance
with the provisions of the Act. Ext.P3 sale certificate was issued in favour of Smt.
Sulaikha P.K., W/o Abdul Azeez. For the purpose of registering the sale deed, a
certificate under the Kerala Record of Rights Act is necessary. The petitioner in the
said circumstances filed Ext.P4 application before the respondents 2 and 3.
However, the certificate has not been issued to the petitioner. No reasons were also
assigned for non issuance of the certificate. It is in the above circumstances that
the petitioner is before this Court seeking directions to the 2nd respondent to cause
WP(C) NO. 13487 OF 2021 3
registration of Ext.P3 Sale certificate/sale deed without insisting for production of RoR
and also a direction to respondent Nos.3 and 4 to issue RoR certificate to the
petitioner to enable transfer of ownership of the secured asset.