IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 6419 of 2010(B) ------------------------- PETITIONER: --------------- AJI PETER, SON OF P.K.KARUNAKARAN, AJI-BHAVAN, ELIMULLUMPLACKAL.P.O., KONNI, PATHANAMTHITTA. BY ADV. SRI.V.JOHN MANI RESPONDENT(S): --------------- 1. THE SUB-REGISTRAR, SU-REGISTRAR'S OFFICE, KOZHENCHERRY, PATHANAMTHITTA. 2. TH TEHSILDAR, TALUK OFFICE, RANNY,PATHANAMTHITTA. 3. TH VILLAGE OFFICER, CHERUKOLE VILLAGE OFFICE,PATHANAMTHITTA. 4. CANARA BANK, PATHANMTHITTA BRANCH, KOZHENCHERY ROAD, PATHANAMTHITTA-689645, REPRESENTED BY ITS MANAGER. BY SR.GOVT.PLEADER SHRI P.N.SANTHOSH SHRI PAYLY MATHEW MURICKAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.6419 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T Petitioner is the applicant for having mutation of his property and true copy of the application is produced as Exhibit P4. 2. The grievance raised in the Writ Petition is that the respondents are not proceeding with the application, in the light of an attachment said to have been effected with respect to the property. 3. The petitioner acquired the property from the 4th respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 4. Exhibit P1 is the possession notice issued by the 4th respondent and Exhibit P2 is the sale notice published thereafter. In the public auction, being the highest bidder who has bid the property for Rs.7 lakhs, the sale certificate was issued as per Exhibit P3, to the petitioner. W.P.(C)No.6419/10 -2- 5. The petitioner is relying upon the principles stated by this Court in Exhibit P5 judgment wherein it was held that for effecting mutation, the question whether there is attachment in some other proceedings need not be borne into as mutation is to be effected only for fiscal purposes. 6. In that view of the matter, there will be a direction to respondents 2 and 3 to pass appropriate orders on Exhibit P4 application in accordance with law and in the light of the principles stated by this Court in the above judgment and after ascertaining various aspects, within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn