Allowed

Sundaram Home Finance Ltd. v. State of Kerala

Kerala HC8 Jun 2022WP(C)/7817/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed the petitioner's writ petition, holding that the production of a Receipt of Rent certificate is not mandatory for registering a sale certificate issued in an auction. The court directed the Sub Registrar to register the documents and the Village Officer to effect mutation within three weeks of receiving the respective applications.

What did the court decide?

Direction to the 2nd respondent to register the sale certificates and the 3rd respondent to effect mutation within three weeks of receiving the respective requests.

Sundaram Home Finance Ltd. Vs State of Kerala — Landlord and Tenant | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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WEDNESDAY, THE 8^TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944

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WP(C) NO. 7817 OF 2022

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PETITIONER:

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SUNDARAM HOME FINANCE LTD FORMERLY KNOWN AS SUNDARAM BNP PARIBAS HOME FINANCE LTD, SUNDARAM TOWERS, 46, WHITES ROAD, CHENNAI, PIN - 600014, REPRESENTED BY ITS AUTHORIZED OFFICER, MR. ABU ROSHAN ANDREWS, AGED 33 YEARS, S/O.JOSHY CYRIAC. BY ADV VARGHESE C.KURIAKOSE

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 THE SUB REGISTRAR

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SUB REGISTRY OFFICE, VANDOOR, MALAPPURAM DISTRICT - 679328.

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3 THE VILLAGE OFFICER VANDOOR VILLAGE OFFICE, (FORMERLY NAMED AS VANIYAMKULAM VILLAGE), MALAPPURAM DISTRICT - 679328.

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4 AFSALJAN MUTHANGATHODIKA NALAKATH HOUSE, YATHEEMKHANA ROAD, THANDU PARAKKAL, WANDOOR, MALAPPURAM - 679328.

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5 SHAHINA KAPPIL NALAKATH HOUSE, YATHEEMKHANA ROAD, THANDU PARAKKAL, WANDOOR, MALAPPURAM - 679328.

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SRI. ARAVIND V. MATHEW, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 7817 OF 2022

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T.R.RAVI, J.

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WP(C) No.7817 OF 2022

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Dated this the 08^th day of June, 2022

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JUDGMENT

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Admit. Government Pleader takes notice for respondents 1 to 3. Petitioner seeks permission to delete respondents 4 and 5 from the party array. Request is allowed.

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The petitioner had for the purpose of realisation of the amounts due, conducted auction sale of properties belonging to the borrowers and sale certificate has also been issued which have been produced as Ext.P7. The grievance is that the sale certificate is not being registered by the respondents for the reason that ROR certificate is not produced. In Jacob P.C v. Village Officer Ernakulam Village [2020 (4) KLT 221 and Sainudeen v. State of Kerala [2013 (1) KHC 437] this Court has held that there was no necessity for production of ROR certificate as a condition for registration of the sale certificate. In view of the decisions of this Court, the petitioner is entitled to succeed in this writ petition.

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WP(C) NO. 7817 OF 2022

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In the result, the writ petition is allowed. There will be a direction to the 2^nd respondent to facilitate registration of the sale certificate in relation to the properties which are subject matter of Exts.P1 and P2 notices and Ext.P7 sale certificate without insisting for ROR certificate following the law laid down in Jacob P.C and Sainudeen (supra). Necessary orders shall be issued within three weeks from the date of receipt of a copy of this judgment. Once the 2^nd respondent completes registration, the petitioner may move the 3^rd respondent for effecting mutation and the 3^rd respondent shall on receipt of such request, pass necessary orders at the earliest, at any rate within three weeks from the date of receipt of such application.

Sd/-

T.R.RAVI

JUDGE

WP(C) NO. 7817 OF 2022

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APPENDIX OF WP(C) 7817/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE PHOTOSTAT COPY OF THE 13(2) NOTICE ISSUED IN RESPECT OF LOAN ACCOUNT NO.MJR20180018 DATED 02.09.2019. Exhibit P2 TRUE PHOTOSTAT COPY OF THE SECTION 13(2) IN RELATION TO THE LOAN A/C NO. MJR20170006 DATED 02.09.2019. Exhibit P3 TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.2138/2016 OF SRO, VANDOOR DATED 13.05.2016. Exhibit P4 TRUE PHOTOSTAT COPY OF THE POSSESSION NOTICE DATED 11.12.2019 ISSUED IN RESPECT OF LOAN A/C.NO. MJR 20180018. Exhibit P5 TRUE PHOTOSTAT COPY OF THE POSSESSION NOTICE DATED 11.12.2019 ISSUED IN RESPECT OF LOAN A/C. NO.MJR20170006. Exhibit P6 TRUE PHOTOSTAT COPY OF THE ORDER DATED 25.01.2022 IN I.A NO. 1/2022 IN WP(CIVIL) NO. 26789/2021 PASSED BY THIS COURT. Exhibit P7 TRUE PHOTOSTAT COPY OF THE SALE CERTIFICATE DATED 27.01.2022 ISSUED BY THE PETITIONER. Exhibit P8 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 31.01.2022 ISSUED BY THE PETITIONER TO 2ND RESPONDENT. Exhibit P9 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN WP(C) NO. 8819/2019 DATED 10.04.2019 PASSED BY THIS COURT.

Sundaram Home Finance Ltd. v. State of Kerala

Case brief

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Sundaram Home Finance Ltd. v. State of Kerala

Case brief

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