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High Court of KeralaSingle JudgeWrit petitions disposed: authorities to erase e...

WP(C) Nos. 30423/2021, 30524/2021 and 30554/2021

Case / Petition Number:30423/2021; 30524/2021; 30554/2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2022-01-21
Court Decision / Holding
The writ petitions are allowed; the competent respondents are directed to erase the entries of attachments on the property from both the Encumbrance Certificate and Revenue Records, where such attachments were registered after the date of the equitable mortgage, within two weeks from receipt of a copy of this judgment.
Final Disposition
Writ petitions disposed: authorities to erase encumbrance entries within two weeks; relief to align encumbrance records with mortgage chronology.

Parties to the Case

Appellants / Petitioners

  • Renee Joshua
  • Saiju Sathyapalan
  • M/S Arams Tourism Private Limited

Respondents

  • The Tahsildar, Taluk Office, Karthikappally Taluk, Haripad
  • The Village Officer, Cheppad Village, Alappuzha
  • The Sub Registrar, Office of the Sub Registrar, Cheppad, Alappuzha
  • The Tahsildar, Taluk Office, Kollam Taluk
  • The Village Officer, Nedumbana Village, Kollam District
  • The Sub Registrar, Office of the Sub Registrar, Kannanalloor, Kollam
  • The Tahsildar, Taluk Office, Kollam Taluk
  • The Village Officer, Vadakkevila Village, Kollam
  • The Sub Registrar, Office of the Sub Registrar, Eravipuram, Kollam

Legal Representation & Advocates

Counsels for Petitioners

  • • Sergi Joseph Thomas
  • • S. Ajay Kumar

Counsels for Respondents

  • • Smt. Mable .C. Kurian (Sr. G.P)

Case Synopsis & Summary

These three writ petitions, heard together before Justice Devan Ramachandran, challenge and seek relief against entries of encumbrances created on a property after an equitable mortgage. The petitioners argue that Ext.P2, which culminated in a judgment directing the Sub Registrar to register Sale Certificates in favour of the petitioners de hors the attachments if they were created after the mortgage, effectively contemplates erasure of post-mortgage encumbrances from the Encumbrance Certificate and Revenue Records. After Ext.P2, Sale Certificates were registered, but the Sub Registrar and Revenue Authorities refused to erase the attachments, contending that the judgment did not expressly order erasure. The Court notes that it is well settled that competent authorities must erase encumbrances registered post the date of the equitable mortgage, citing a catena of judgments including Secretary, Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar Alias Sajitha P.M. The Judge directs the authorities to give effect to this principle and to erase entries of attachments from both Encumbrance Certificates and Revenue Records within two weeks of receiving a copy of this judgment, thereby ensuring consistency with the relief already granted in Ext.P2 and addressing the practical impediments faced by the petitioners. The decision reflects a coherent approach to align registry actions with encumbrance records in light of mortgage-based priorities.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that Ext.P2 directed the Sub Registrar to register Sale Certificates de hors the attachments if they post-date the equitable mortgage; after such sale certificates were registered, authorities refused to erase attachment entries solely on the ground that the Ext.P2 judgment did not expressly order erasure. They argued that competent authorities are obligated to efface encumbrances registered after the mortgage, and relied on a line of precedents culminating in Sajitha Nizar (supra).

Contentions of Respondents

The respondents argued that Ext.P2 did not expressly require erasure of encumbrances and that erasure must follow established procedures; they maintained that the absence of explicit language in Ext.P2 cannot compel erasure beyond what the judgment directs.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Secretary, Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar Alias Sajitha P.M.2020 (6) KLT 68PositiveCited as part of a catena of judgments establishing that encumbrance entries registered after the date of equitable mortgage must be erased; the present judgment relies on Sajitha Nizar to direct authorities to erase such post-mortgage entries.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ## **`FRIDAY, THE 21[ST] DAY OF JANUARY 2022 / 1ST MAGHA, 1943`** ## **`WP(C) NO. 30423 OF 2021`** ## **`PETITIONER:`** ``` RENEE JOSHUA, AGED 37 YEARS, W/O.JACKSON, JOSE BHAVANAM, NADUVILEMURI, ANAYADI P.O., KUNNATHOOR, SOORANADU SOUTH, KOLLAM DISTRICT, PIN-690 561. ``` ``` BY ADVS. SERGI JOSEPH THOMAS S.AJAY KUMAR ``` ## **`RESPONDENTS:`** - `1 THE TAHSILDAR, TALUK OFFICE, KARTHIKAPPALLY TALUK, HARIPAD, PIN-690 514.` - `2 THE VILLAGE OFFICER, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT, PIN-690 507.` ``` 3THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, CHEPPAD, ALAPPUZHA DISTRICT, PIN-690 507. ``` ``` SMT. MABLE .C .KURIAN SR.G.P ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` # **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** # **`FRIDAY, THE 21[ST] DAY OF JANUARY 2022 / 1ST MAGHA, 1943 WP(C) NO. 30524 OF 2021`** ## **`PETITIONER:`** ``` SAIJU SATHYAPALAN, AGED 52 YEARS S/O. PARAMESWARAN SATHYAPALAN, MOOKAMBIKA, CHERUMOOD, PERINAD, KOLLAM, PIN - 691 511. ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS:`** ``` 1THE TAHSILDAR, TALUK OFFICE, KOLLAM TALUK, PIN – 691001. 2THE VILLAGE OFFICER, NEDUMBANA VILLAGE, KOLLAM DISTRICT, PIN – 691576. 3THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, KANNANALLOOR, KOLLAM DISTRICT - 691576. SMT. MABLE .C .KURIAN SR.G.P ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 30423,30524&30554/21 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 21[ST] DAY OF JANUARY 2022 / 1ST MAGHA, 1943 WP(C) NO. 30554 OF 2021`** ## **`PETITIONER:`** ``` M/S. ARAMS TOURISM PRIVATE LIMITED, KMC 16/1244, KOCHU KOICKAL VEEDU, ASRAMOM P.O., KOLLAM 691 002, REPRESENTED BY ITS MANAGING DIRECTOR P. ABDUL SALAM. ``` ``` BY ADV SERGI JOSEPH THOMAS ``` ## **`RESPONDENTS:`** ``` 1THE THAHISLDAR, TALUK OFFICE, KOLLAM TALUK, 691 001. ``` ``` 2THE VILLAGE OFFICER, VADAKKEVILA VILLAGE KOLLAM DISTRICT 691 010. ``` ``` 3THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, ERAVIPURAM, KOLLAM DISTRICT 691 011. SMT. MABLE .C .KURIAN SR.G.P ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 30423,30524&30554/21 4 ## **`JUDGMENT`** These three matters require to be heard together and disposed of jointly, because the factual factors involved and the reliefs sought are analogous and interdependent. 2. What is sought for in these Writ Petitions is virtually a relief contiguous to the ones that have been granted to the petitioner through Ext.P2 judgment in WP(C)No.30554/2021. 3. In Ext.P2, this Court, after noticing all relevant facts, had directed the Sub Registrar to register Sale Certificates in favour of the petitioner de hors the attachments over the property in question, if it is found that they are all subsequent to the date of mortgage. 4. Sri.Sergi Joseph Thomas – learned counsel for the petitioners, submitted that, pursuant to Ext.P2, Sale Certificates have been registered, after the Sub Registrar found that all the attachments thereon are subsequent to the equitable mortgage WPC 30423,30524&30554/21 5 executed by its original owners in favour of the Catholic Syrian Bank, while availing a loan facility. He submitted that, however, the Sub Registrar and the Revenue Authorities are now refusing to efface the said entries of attachment from the Encumbrance Certificate and other Revenue Records, solely saying that this Court had not so specifically ordered in Ext.P2 judgment. 5. I must say that it was unnecessary for the petitioners to have been brought to this Court now, because it is incumbent upon the competent Authorities, including the Sub Registrar, to efface the entries of encumbrances, which are registered on the property subsequent to the date of equitable mortgage. This has been well settled by this Court through a catena of judgments, including in Secretary, Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar Alias Sajitha P.M. [2020 (6) KLT 68] . Obviously, therefore, the competent respondents are obligated to act in terms of Sajitha Nizar (supra) and to have effaced entries subsequent to the registration of Sale Certificates. WPC 30423,30524&30554/21 6 Resultantly, I order this Writ Petition and direct the competent respondents to accede to the request of the petitioners for effacement of entries of attachments on the property in question, from both the Encumbrance Certificate and the Revenue Records, which shall be done within a period of two weeks from the date of receipt of a copy of this judgment. ``` RR ``` ``` Sd/- DEVAN RAMACHANDRAN JUDGE ``` WPC 30423,30524&30554/21 7 ## **`APPENDIX OF WP(C) 30423/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE SALE CERTIFICATE DATED 18.01.2021. Exhibit P2TRUE COPY OF THE JUDGMENT DATED 01.09.2021 IN WPC NO.8887 OF 2021. Exhibit P3TRUE COPY OF THE SALE CERTIFICATE NO.1261/1/2021 DATED 20.10.2021 OF SRO, CHEPPAD, ALAPPUZHA DISTRICT. Exhibit P4TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P5TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. ``` WPC 30423,30524&30554/21 8 ## **`APPENDIX OF WP(C) 30524/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE SALE CERTIFICATE DATED 18.01.2021. Exhibit P2TRUE COPY OF THE JUDGMENT DATED 01.09.2021 IN WP(C) NO.8836 OF 2021. Exhibit P3TRUE COPY OF THE SALE CERTIFICATE NO.1896/2021 DATED 20.10.2021 OF S.R.O., KANNANALLOOR, KOLLAM DISTRICT. Exhibit P4TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P5TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. ``` WPC 30423,30524&30554/21 9 ## **`APPENDIX OF WP(C) 30554/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE SALE CERTIFICATE DATED 18/01/2021. Exhibit P2TRUE COPY OF THE JUDGMENT DATED 01/09/2021 IN WPC NO. 8767 OF 2021. Exhibit P3TRUE COPY OF THE SALE CERTIFICATE NO. 1755/2021 DATED 20/10/2021 OF S.R.O. ERAVIPURAM, KOLLAM DISTRICT. Exhibit P4TRUE COPY OF THE REPRESENTATION DATED 18/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P5TRUE COPY OF THE REPRESENTATION DATED 18/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. ```