IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7740 of 2009(J)
1. MRS.USHASREE K.R.,
... Petitioner
Vs
1. INDIAN BANK,
... Respondent
2. AUTHORIZED OFFICER, A/C SUNDARESWARAN,
3. THE TAHSILDAR, KOLLAM TALUK, KOLLAM.
For Petitioner :SMT.SHAHNA KARTHIKEYAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :24/03/2009
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 7740 OF 2009 J
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Dated this the 24th March, 2009
JUDGMENT
Petitioner is the successful auction purchaser in the auction
conducted under the SARFAESI Act by respondents 1 and 2.
The extent which was purported to be sold is approximately 320
cents. The complaint in this Writ Petition relates to the delay in
registering the Sale Certificate and identifying the property. The
prayers are three in number. They are as follows:
“i) Issue a writ of mandamus or other writ,
direction or order directing respondents 1 and 2
to complete the registration in respect of 291.855
cents identified by the Village Officer for the
proportionate amount of sale consideration out of
Rs.4,45,50,000/= given for 3.20 Acres.
ii) Direct respondents 1 to 3 to identify the
balance extent of land 28.145 cents out of 3.20
Acres and take possession and complete the
registration of this extent for the balance
consideration.
WPC.7740/09 J 2
iii) Direct respondents 1 and 2 to execute
and register the deeds in respect of 291.855 cents
as prayed for in different plots for sale
consideration mentioned for each plot in Ext.P5
letter sent to the 1st respondent Bank by the
petitioner.”
2. I heard Shri M.C. Sen, learned senior counsel for the
petitioner, Shri S. Easwaran, learned standing counsel
appearing for respondents 1 and 2, and also the learned
Government Pleader appearing on behalf of the third
respondent. Learned counsel appearing for respondents 1 and 2
would contend that there is some discrepancy in the
measurement and he refers to Ext.P3 and submits that the
process of ascertaining the actual extent is going on. He would
further submit that respondents 1 and 2 have no objection in the
registration in relation to 291.855 cents. In the light of this
stand taken by respondents 1 and 2, which I record, the Writ
Petition is disposed of directing the first respondent to complete
the registration in respect of 291.855 cents in the manner
WPC.7740/09 J 3
provided by law. There will be a further direction to
respondents 1 to 3 to expedite the process of identifying the
balance extent out of 3.20 Acres.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge