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2023 Supreme(Ker) 979

T. R. RAVI
Sreedevi Mangalan, W/o. Mangalanandan – Appellant
Versus
District Collector – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI S.SREEKUMAR (KOLLAM), MS.PRIYA SHANAVAS
For the Respondent: SRI MUHAMMED RAFEEQUE (SPL.GOVERNMENT PLEADER), SRI MANSOOR.B.H., SRI B.ASHOK SHENOY, SRI RENJITH.R, SMT.C.G.PREETHA, SRI P.S.GIREESH, SRI ARJUN R NAIK

JUDGMENT :

The petitioner purchased properties having an extent of 4.05 Ares situated in Mangadu Village, Kollam District, in Re-Survey No.642/13-2 in Block No.15 and 7.70 Ares with building No.KP IV/620 in Survey No. 642/14 in Resurvey Block No.15) for a sum of Rs.90,25,000/-, in an auction conducted under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), for the realisation of amounts due to the 4th respondent. Ext.P1 is the sale certificate. The said property had been mortgaged by one Renjith Vilaseedharan with the 4th respondent at their Thiruvananthapuram Branch by deposit of title deeds on 15.7.2015. When the petitioner approached the 5th respondent for registering the sale certificate, she was informed that the property had been attached on 05.02.2021 in revenue recovery proceedings initiated for arrears of sales tax and hence the certificate cannot be registered. Ext.P3 is the encumbrance certificate issued by the Kilikollur SRO on 05.07.2021, which does not disclose any attachment. Ext.P4 is the judgment of this court, which according to the petitioner has been rendered in similar circumstances. The cont

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