IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 15735 of 2009(J) -------------------------- PETITIONER(S): --------------- ST.JOHNS PROJECTS AND CONSTRUCTIONS PVT.LTD.,ALAPPUZHA,REP.BY ITS DIRECTOR JOSEPH A.THAYYIL,SON OF DR.ABRAHAM THAYYIL, THAYYIL HOUSE,THATHAMPALLY P.O., MULLAKKAL VILLAGE,ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY DISTRICT COLLECTOR,ALAPPUZHA. 2. ADDITIONAL TAHSILDAR, TALUK OFFICE,ALAPPUZHA. 3. THE VILLAGE OFFICER, *(MULLACKAL) VILLAGE,ALAPPUZHA. * SUBSTITUTED AS 'PAZHAVEEDU' AS PER ORDER DTD.13.7.09 IN THE WRIT PETITION) BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15735 OF 2009 ------------------------------------------- Dated this the 29th day of July, 2009 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader. The petitioner purchased an item of property in a sale under the provisions of the SARFAESI Act. That property falls within the jurisdiction of the Village Office, Pazhaveedu Village in Alappuzha District. In terms of the provisions of the SARFAESI Act and in view of the law governing transfer of property, the pendency of civil suits or even orders of attachments have no impact on the right of a transferee under the provisions of the SARFAESI Act for mutation. Therefore, it is ordered that the third respondent shall carry out the transfer in terms of the request of the petitioner and effect mutation in favour of the petitioner within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.29/7.