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Javart G Akkara Vs. the Federal Bank Limited - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantJavart G Akkara
RespondentThe Federal Bank Limited
Excerpt:
.....dated0407/2011 passed by this honourable court in wpc no.5441/2011. ext.p4: atrue copy of the sale certificate issued by the2d respondent dated1205/2012. ext.p5:a true copy of the sale deed dated1206/2012 executed by the2d respondent in favour of the petitioner. ext.p6:a true copy of the application dated407/2012 submitted by the pettiioner to the8h respondent. ext.p7: atrue copy of the encumbrance certificate dated1406/2012 issued by the sub registrar, cherppu. ext.p8: atrue copy of the representation dated3011/2012 submitted by the petitioner to the7h respondent. ext.p9: atrue copy of the judgment dated1006/2011 passed by this honourable court in wpc no.2684/2011. respondents' exhibits nil. / true copy / p.s. to judge pj p.r. ramachandra menon,.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE16H DAY OF JANUARY201426TH POUSHA, 1935 WP(C).No. 30695 of 2012 (J) --------------------------------------- PETITIONER(S): ---------------------- JAVART G AKKARA, S/O.AKKARA GEORGE, AGED46YEARS, RESIDING AT HILL GARDENS, HOUSE NO.8/685, AKKARA HOUSE, KUTTANALLOOR P.O., THRISSUR DISTRICT - 680 014. BY ADVS.SRI.M.H.HANIL KUMAR SRI.JOBY JOSEPH (THRISSUR) RESPONDENT(S): ------------------------- 1. THE FEDERAL BANK LIMITED, REPRESENTED BY ITS BRANCH MANAGER, EAST FORT BRANCH THRISSUR - 680 001.

2. THE AUTHORISED OFFICER AND CHIEF MANAGER, FEDERAL BANK LIMITED, REGIONAL OFFICE, MISSION QUARTERS, THRISSUR - 680 001.

3. RAMESH BABU K.K., S/O.K.K.KUMARAN, KUZHICHAMADATHIL HOUSE, KONIKKARA P.O., THRISSUR DISTRICT - 680 036.

4. HIGHLINE KURIES PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, PALLIKKULAM ROAD, THRISSUR - 680 005.

5. SAKTHAN KURIES AND LOANS PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, PALLIKKULAM ROAD, THRISSUR - 680 005.

6. MUTHOOT LEASING AND FINANCE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, EAST FORT, THRISSUR - 680 020.

7. THE TAHSILDAR, THRISSUR TALUK, MINI CIVIL STATION, PALACE ROAD, P.O.THRISSUR, THRISSUR - 680 002. PJ ...2/- ..2.. WP(C).No. 30695 of 2012 (J) --------------------------------------- 8. THE VILLAGE OFFICER, ANISSERY, P.O.AVINISSERY, THRISSUR - 680 313. * ADDL.R9 TO R11 IS IMPLEADED9 SMT.JISHA W/O.RAMESH BABU, RESIDING AT SHELTERS WEST HILL APARTMENT GOSAI KUNNU, KURIYACHIRA(PO), THRISSUR -680 006. (ADDL. R9 IS IMPLEADED AS PER ORDER

DATED2207.2013 IN IA96792013) * THE ADDRESS OF R9 IS CORRECTED AS SMT.JISHA W/O.RAMESH BABU, RESIDING AT ROYAL SQUARE APARTMENT ROYAL AVENUE, OPPOSITE WHRA PLOT NO.142, GOSAI KUNNU KURIYACHIRA (PO), THRISSUR - 680 006. AS PER ORDER

DATED1109.2013 IN IA122732013) * 10. AKSHAY KUMAR (MINOR), AGED17YEARS, D/O.RAMESH BABU, REPRESENTED BY JISHA W/O.RAMESH BABU, SHELTERS WEST HILL APARTMENT GOSAI KUNNU, KURIYACHIRA (PO) THRISSUR -680 006. * (ADDL. R10 IS IMPLEADED AS PER ORDER

DATED2207.2013 IN IA96792013) THE ADDRESS OF R10 IS CORRECTED AS AKSHAY KUMAR (MINOR) AGED17YEARS, S/O.RAMESH BABU, REPRESENTED BY JISHA W/O.RAMESH BABU, RESIDING AT ROYAL SQUARE APARTMENT ROYAL AVENUE, OPPOSITE WHRA PLOT NO.142, GOSAI KUNNU KURIYACHIRA (PO), THRISSUR - 680 006. (AS PER ORDER

DATED1109.2013 IN IA122732013) * 11. MALU (MINOR) AGED12YEARS, D/O.RAMESH BABU, REPRESENTED BY JISHA W/O.RAMESH BABU, SHELTERS WEST HILL APARTMENT GOSAI KUNNU, KURIYACHIRA (PO), THRISSUR -680 006. (ADDL. R11 IS IMPLEADED AS PER ORDER

DATED2207.2013 IN IA96792013) PJ ....3/- ..3.. WP(C).No. 30695 of 2012 (J) --------------------------------------- * THE ADDRESS OF R11 IS CORRECTED AS MALU (MINOR) AGED12YEARS, D/O.RAMESH BABU, REPRESENTED BY JISHA W/O.RAMESH BABU, AT ROYAL SQUARE APARTMENT ROYAL AVENUE, OPPOSITE WHRA PLOT NO.142, GOSAI KUNNU KURIYACHIRA (PO) THRISSUR - 680 006 AS PER ORDER

DATED1109.2013 IN IA122732013) . R1 & 2 BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS R4 BY ADV. SRI.P.K.SAJEEV R5 BY ADVS. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN R6 BY ADV. SRI.S.NIDHEESH R7 & 8 BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA R9-R11 BY ADV. SRI.VINOD JABAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1601-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 30695 of 2012 (J) --------------------------------------- APPENDIX PETITIONER(S) EXHIBITS EXT.P1: ATRUE COPY OF THE CERTIFICATE ISSUED BY THE1T RESPONDENT BANK DATED0112/2012. EXT.P2:A TRUE COPY OF THE NOTICE DATED1801/2011 ISSUED BY THE1T RESPONDENT TO THE3D RESPONDENT. EXT.P3: ATRUE COPY OF THE JUDGMENT

DATED0407/2011 PASSED BY THIS HONOURABLE COURT IN WPC NO.5441/2011. EXT.P4: ATRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE2D RESPONDENT DATED1205/2012. EXT.P5:A TRUE COPY OF THE SALE DEED DATED1206/2012 EXECUTED BY THE2D RESPONDENT IN FAVOUR OF THE PETITIONER. EXT.P6:A TRUE COPY OF THE APPLICATION DATED407/2012 SUBMITTED BY THE PETTIIONER TO THE8H RESPONDENT. EXT.P7: ATRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED1406/2012 ISSUED BY THE SUB REGISTRAR, CHERPPU. EXT.P8: ATRUE COPY OF THE REPRESENTATION DATED3011/2012 SUBMITTED BY THE PETITIONER TO THE7H RESPONDENT. EXT.P9: ATRUE COPY OF THE JUDGMENT

DATED1006/2011 PASSED BY THIS HONOURABLE COURT IN WPC NO.2684/2011. RESPONDENTS' EXHIBITS NIL. / TRUE COPY / P.S. TO JUDGE PJ P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No. 30695 OF2012......................................................................... Dated this the 16th January, 2014

JUDGMENT

The petitioner has approached this Court with the following prayers: "i) issue a writ of mandamus or other appropriate writ, order or direction to the 8th respondent to complete the mutation and receive land tax and issue possession certificate and other related documents to the petitioner with respect to land, covered in Ext.P4 sale certificate and Ext. P5 sale deed, lying in Survey No.378/2 Part (Re survey No.346/2 part) of Avinissery Village, Thrissur Taluk, Thrissur District. ii) declare that the petitioner purchased the property covered in Ext.P4 sale certificate and Ext.P5 sale deed free from all encumbrances; iii) issue a writ of mandamus or other appropriate writ, order or direction to the 7th respondent to consider Exhibit P8 representation within a time limit fixed by this Honourable Court; and iv) issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case." W.P.(C)No. 30695 OF20122 2. The case of the petitioner is that he had purchased the property in dispute while conducting the sale by the first respondent/Federal Bank and Ext.P5 sale deed was executed. When the petitioner approached the 8th respondent/Village officer for effecting mutation and for remitting basic tax, it was not acceded to. In the said circumstance, the petitioner approached the 7th respondent/Tahsildar by filing Ext.P8 representation. The petitioner is aggrieved of the delay in finalising the proceedings.

3. After hearing both the sides, this Court finds that the issue is squarely covered by the decision in Housing Development Finance Corporation vs. Sub Registry Office (2011(3) KLJ561 wherein it was held that the rights conferred on the creditor /bank by mortgage of security property and the right to conduct sale of the security property under SARFAESI Act cannot be defeated by subsequent attachments ordered by the Civil Court. Sale certificate so obtained can be registered and the auction purchaser is entitled to remit the property tax and obtain possession certificate, irrespective of attachment effected subsequent to the mortgage. W.P.(C)No. 30695 OF20123 Considering the issue involved herein, this Court finds that the petitioner is entitled to succeed.

4. Accordingly, there will be a direction to the 7th respondent/Tahsildar to consider and finalise Ext.P8 representation in the light of the decision cited above. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 7th respondent/Tahsildar for further steps. The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE lk


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