IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10250 of 2009(A)
1. IRINJALAKUDA TOWN CO-OPERATIVE BANK
... Petitioner
Vs
1. THE SUB REGISTRAR,
... Respondent
2. THE TAHSILDAR,
3. THE VILLAGE OFFICER,
For Petitioner :SRI.N.P.SAMUEL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/04/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.10250 OF 2009
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Dated this the 7th day of April, 2009.
JUDGMENT
Petitioner is a Co-operative Society. A property having
an extent of 80 cents situated in Sy. No.4271/1 of
Velurkara Village was mortgaged to the Bank. When
default was committed proceedings were initiated.
Ultimately, the property was brought for sale and the Bank
itself purchased it. Sale certificate was registered in its
favour and thereafter the Bank made an application under
the Transfer of Registry Rules to the 2nd respondent for
effecting mutation. Orders were not passed for the reason,
that there is an order of attachment over the property.
2. In my view, as is evident from the Transfer of
Registry Rules, mutation is only for fiscal purposes and it
does not affect the claim of anybody else. Therefore any
attachment order cannot stand in the way of the 2nd
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respondent passing orders on the application made by the
petitioner.
Therefore, it is directed that 2nd respondent shall pass
orders on the request made by the petitioner as expeditiously
as possible and at any rate within 8 weeks from the date of
production of a copy of the judgment
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
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