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2022 Supreme(Online)(KER) 34686
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 26TH DAY OF OCTOBER 2022 / 4TH KARTHIKA, 1944 WP(C) NO. 25141 OF 2022 PETITIONER:
R.BINDU AGED 36 YEARS D/O RETNAVATI, PRA-25(D), PURAVOORKONAM, VAZHAYILA, KARAKULAM.P.O. THIRUVANANTHAPURAM-695564.
BY ADVS.
L.MOHANAN LIGEY ANTONY RESPONDENTS:
1 STATE BANK OF INDIA REPRESENTED BY ITS CHIEF MANAGER STRESSED ASSETS RECOVERY BRANCH FIRST FLOOR, SANGAMAM, GENERAL HOSPITAL ROAD, THIRUVANANTHAPURAM-695001.
2 ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH, CHILD WELFARE COMPLEX, LMS COMPOUND, THIRUVANANTHAPURAM-695033
3 AUTHORIZED OFFICER, STATE BANK OF INDIA, STRESSED ASSETS RESOLUTION CENTRE, LHO ANEEXED (WING 1), FIRST FLOOR CHILD WELFARE COMPLEX, LMS COMPOUND, THIRUVANANTHAPURAM-695033.
4 STATE BANK OF INDIA KESAVADASAPURAM BRANCH REPRESENTED BY ITS MANAGER -695004, BY ADV TOM K.THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
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W.P.(C).No.25141 of 2022 -------------------------------------------- Dated this the 26th day of October, 2022
JUDGMENT
The prayer in the writ petition is for a direction to the respondents to register Ext.P1 sale certificate in the name of the legal representatives of the auction purchaser who is no more and to deliver physical possession of the property and to hand over the original title deeds. The 1st respondent has filed a counter affidavit admitting the fact that the successful bidder was the father of the petitioner. It is also stated that necessary documents have been handed over to the auction purchaser even before the sale. It is further stated that the Bank has informed Sub Registrar Office, Sasthamangalam not to create any encumbrance over the property and that the property is already sold to Sri. Mohanan C., the deceased father of the petitioner. It is also stated that there is no impediment in registering the sale deed in favour of the petitioner subject to production of the requisite documents to prove that she is the legal heir of late Sri.Mohanan C. and she is entitled to get the sale deed registered in her favour. The petitioner, it is stated, may submit the legal heirship certificate for the purpose of speeding up with the registration process.
In view of the specific stand taken by the 1st respondent, the writ petition is disposed of directing the petitioner to provide the necessary documents to show the details of the legal heirs who are to get the sale certificate registered in their names to the 1st respondent and the 1st respondent shall thereupon initiate steps for completing the registration of sale certificate. Necessary action shall be taken by the 1st respondent within three weeks from the date of receipt of details from the petitioner.
Sd/-
T.R.RAVI JUDGE
APPENDIX OF WP(C) 25141/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF SALE CERTIFICATE DATED 17.09.2010 Exhibit P2 COPY OF REPLY NOTICE DATED 24.06.2011 BY
2ND RESPONDENT.
Exhibit P3 COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 28.12.2017.
Exhibit P4 COPY OF LETTER OF THE CPIO AGM DATED
28.01.2018 Exhibit P5 COPY OF LETTER OF THE CHIEF MANAGER DATED
3.02.2018 Exhibit P6 COPY OF THE LETTER OF THE CHIEF MANAGER DATED 03.03.2018 Exhibit P7 COPY OF THE NOTICE DATED 16.02.2021 BY THE PETITIONER Exhibit P8 COPY OF THE LETTER DATED 10.03.2022 Exhibit P9 COPY OF THE HEIR SHIP CERTIFICATE DATED
30.06.2021 Exhibit P10 COPY OF THE RELEVANT PAGES OF BASIC TAX REGISTER
