IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15735 of 2009(J)
1. ST.JOHNS PROJECTS AND CONSTRUCTIONS
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. ADDITIONAL TAHSILDAR,
3. THE VILLAGE OFFICER,
For Petitioner :SRI.R.AZAD BABU
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :29/07/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.15735 OF 2009
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Dated this the 29th day of July, 2009
JUDGMENT
Heard learned counsel for the petitioner and learned
Government Pleader.
The petitioner purchased an item of property in a sale
under the provisions of the SARFAESI Act. That property falls
within the jurisdiction of the Village Office, Pazhaveedu Village
in Alappuzha District. In terms of the provisions of the
SARFAESI Act and in view of the law governing transfer of
property, the pendency of civil suits or even orders of
attachments have no impact on the right of a transferee under
the provisions of the SARFAESI Act for mutation. Therefore, it is
ordered that the third respondent shall carry out the transfer in
terms of the request of the petitioner and effect mutation in
favour of the petitioner within a period of three weeks from the
date of receipt of a copy of this judgment. The writ petition is
ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.29/7.