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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 2^ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945 WP(C) NO.35575 OF 2022 PETITIONER :-

THE STATE BANK OF INDIA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, STRESSES ASSETS MANAGEMENT BRANCH (S.A.M.B), 2ND FLOOR, OFFICE COMPLEX BUILDING, LOCAL HEAD OFFICE CAMPUS, ST. MARKS ROAD, BENGALURU, PIN – 560 001.

BY ADVS.

JAWAHAR JOSE CISSY MATHEWS RESPONDENTS :-

1 THE SUB REGISTRAR, KOZHENCHERRY, SUB REGISTRAR OFFICE, KOZHENCHERRY (P.O), PATHANAMTHITTA, PIN – 689 641.

2 M/s.BLUE ROSE AGRO PLANTATIONS PRIVATE LIMITED, REPRESENTED BY ITS DIRECTOR SMT.ANKUR BATRA, WORLD TRADE CENTRE, 22ND FLOOR, UNIT NO.2201/A, BRIGADE GATEWAY, RAJAJI NAGAR EXTENSION, MALLESWARAM, BENGALURU, PIN – 560 077.

3 SMT.ANKUR BATRA, HOUSE NO.83, SECTOR 18-A, CHANDIGARH, PIN – 160 018.

4 THE RANGE FOREST OFFICER, KUMILY, IDUKKI DISTRICT, PIN – 685 509.

5 THE TAHSILDAR, KOZHENCHERRY, THIRUVALLA-KUMBAZHA ROAD, PATHANAMTHITTA, PIN – 689 645.

6 THE VILLAGE OFFICER, KOZHENCHERRY, KOZHENCHERRY (P.O), PATHANAMTHITTA, PIN – 689 641.

BY SRI.T.P.SAJAN, SPL.GP (FOREST)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT Dated this the 2 ^nd day of June, 2023 This writ petition is filed seeking the following reliefs :-

“(i) Issue a writ, order or direction in the nature of mandamus, directing the 1^st respondent to register the sale deed produced by the petitioner, in favour of Mr.Jose Thullakulathil Simon, S/o.Thullakulathil Daniel Simon, Thullakulathil House, Kulananda, Pathanamthitta District, by not insisting the endorsement regarding the “attachment” in the document to be registered.

(ii) Issue a writ, order, or direction in the nature of mandamus, directing the 6^th respondent to efface/ expunge all attachments effected after 5-3-2014 in the mortgaged property, from the Tandaper Register, as the attachment itself is illegal.

(iii) Declare that the insistence of endorsement regarding the “attachment” in the document to be registered is illegal and arbitrary, as the “attachment” was ordered by the Judicial First Class Magistrate Court-I, Peermade, after the creation of mortgage and that the criminal proceedings against the accused in the said case who is the borrower with the bank has been abated by his death on 4-6-2021.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 and 4 to 6. Though notice had been taken out to respondents 2 and 3 by paper publication which was duly published, there is no appearance for the said respondents.

3. The learned counsel for the petitioner submits that the

2^nd respondent Company had availed multiple loans from the petitioner Bank mortgaging 66 cents of property in Kozhencherry Village. The property belonged to Sri.Biju Mathew Abraham, who was one of the Directors of the 2^nd respondent Company. The mortgage was created on 5.3.2014. Since the borrowers defaulted the payment of loan, the Bank initiated proceedings under the SARFAESI Act. Biju Mathew Abraham, who was the owner of the mortgaged property passed away on 4-6-2021. The mortgaged property was sold in public auction on 22.7.2022. However, the Bank could not register the sale certificate in favour of the auction purchaser since the 1^st respondent directed the petitioner to produce materials to show that the attachment ordered by the Judicial First Class Magistrate Court-I, Peermade is lifted. It is submitted by the learned counsel for the petitioner that the petitioner had made necessary enquiries with the Judicial First Class Magistrate Court-I, Peermade, but it was found that there was no legal or proper order of attachment passed by the said court and that therefore, there was no attachment available to be lifted for execution of the sale certificate. It is submitted that the mortgage having been created on 5.3.2014 and since the owner of the property was book