Bank of Baroda v. State of Kerala and Others (WP(C) 6655/2013)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- SHOBA ANNAMMA EAPEN
- Judgment Date
- 2022-08-24
- Court Decision / Holding
- Disposed of with directions: file a fresh application before the 3rd respondent within one month from receipt of a certified copy of the judgment; the 3rd respondent to consider and pass orders within two months thereafter, with notice to the petitioner, and effect mutation of ownership in favour of the 5th respondent, taking into account the judgment in Secretary Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar (supra).
- Final Disposition
- Writ petition disposed of with directions as stated in the judgment.
Parties to the Case
Appellants / Petitioners
- Bank of Baroda, Palayam Branch, Thiruvananthapuram
Respondents
- State of Kerala represented by the Secretary, Revenue Department, Thiruvananthapuram
- District Collector, Thiruvananthapuram
- Village Officer, Sasthamangalam
- Elizabeth Mathew, W/o. Babu Mathew
- M. Sreekumar A.
Legal Representation & Advocates
Counsels for Petitioners
- • Devan Ramachandran
- • Santhosh Kumar K.
- • K. M. Aneesh
- • Adarsh Kumar
- • S. Nikhil Sankar
Counsels for Respondents
- • Government Pleader
Case Synopsis & Summary
This writ petition, filed by Bank of Baroda (the petitioner), seeks a direction to the 3rd respondent to accept real property tax from the 5th respondent and to effect a mutation of title in the 5th respondent’s name, the latter having purchased the property at auction under SARFAESI proceedings. The property, a 4-cent plot in Sy.No.988/3-1 of Sasthamangalam, Thiruvananthapuram, was mortgaged to the petitioner by the 4th respondent through an equitable mortgage dated 31.07.2004. The account went NPA, triggering securitization and enforcement under the SARFAESI Act, culminating in an auction on 23.10.2009, wherein the 5th respondent emerged as the successful bidder and the auction was confirmed in his name. The petitioner then sought mutation in his favour, but the 3rd respondent refused, citing an attachment entry by a court below in the village records. The 2nd respondent supported the refusal, noting the attachment in CC 1556/2006 before the Judicial First Class Magistrate Court-III, Punalur. The petitioner contends that the equitable mortgage predates the attachment; authorities have previously held that attachments after the mortgage date are invalid (citing Secretary Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar). The court agrees that post-mortgage attachments are invalid and disposes of the petition with directions: the petitioner and the 5th respondent must file a fresh application with the 3rd respondent within one month, who must decide within two months thereafter, permitting mutation of ownership in favour of the 5th respondent, while ensuring compliance with the Keechery precedent.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
Bank contends that an equitable mortgage created in 2004 predates the 2007 attachment; post-mortgage attachments are invalid per the court’s ruling in Secretary Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar, and therefore mutation should be permissible in favour of the auction purchaser (the 5th respondent). The bank also asserts its first-charge status and the need to reflect ownership to the 5th respondent in tax records.
Contentions of Respondents
Respondents claim the mutation cannot be effected due to an attachment noted by the Judicial First Class Magistrate Court, Punalur in CC 1556/2006; they maintain the property remains encumbered and tax mutation cannot be processed while the court attachment stands.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Secretary, Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar @ Sajitha P.M. & Others | 2020 (5) KHC 231 (DB) | Positive | Court relies on this decision to hold that attachments effected after the date of mortgage are invalid; hence mutation can be allowed notwithstanding post-mortgage encumbrances. |
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Extracted Judgment Text
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