The court held that issues of encroachment are not resolved via writ petition and emphasized the need for prompt handling of pending securitisation applications.

JUDGMENT

The writ petition is filed with the following prayers:-

“i. Issue a writ of mandamus or other appropriate writ or order directing respondents one and two to hand over physical possession of property referred in Exhibit P2 (property having an extent of 4.05 Ares of land in re- survey No.647/7-2-2 in Block No.21 of Lalam Village, Meenachil Taluk, Kottayam district) to the petitioner within a time limit to be specified by this Hon’ble Court.

ii. Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 3 and 4 to give necessary assistance to respondents 1 and 2 to take physical possession of property covered by Exhibit P2 and to hand over possession to Petitioner within a time limit to be specified by this Honourable Court.

iii. Pass appropriate orders dispensing with production of English translations of Exhibits in Malayalam.

iv. Mould and grand such other reliefs which this Hon’ble Court deems just and necessary and that may be prayed for by the Petitioner while hearing the W.P.(c).”

2. It is not disputed that the petitioner was the auction purchaser, as seen from Ext.P2 sale certificate, which also records the fact that the petitioner has been inducted into possession. The allegation of the petitioner is that the 5^th respondent encroached on the property and cut open a pathway on 15.02.2024, long after

28.12.2023, the date of the sale certificate. In view of the above allegation, the remedy of the petitioner lies elsewhere, not by way of a writ petition. It is also pointed out that the borrower had filed S.A. No.507 of 2022 on the files of DRT II, Ernakulam, challenging the sale, which is pending consideration.

3. Under such circumstances, subject to the orders to be passed in the Securitisation Application and without prejudice to the right of the petitioner to invoke appropriate remedies, this writ petition is closed. It is made clear that all the contentions of the parties are left open.

Taking note of the fact that the securitisation application is of the year 2022, there will be a direction to the Tribunal concerned to take all steps to endeavour to dispose of the securitisation application at the earliest, at any rate within four months from the date of receipt of a copy of this judgment.

Sd/-