IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 17015 of 2009(V) -------------------------- PETITIONER(S): --------------- M/S.BHARAT PETROLEUM CORPORATION LTD., TERRITORY OFFICE (RETAIL), IRIMPANAM, COCHIN, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL). BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 2. THE DISTRICT COLLECTOR,THRISSUR. 3. THE VILLAGE OFFICER, OLLUR VILLAGE, THRISSUR DISTRICT. 4. THE SUB REGISTRAR, KUTTANELLUR SUB REGISTRY, THRISSUR DISTRICT. 5. THE CANARA BANK, REPRESENTED BY ITS MANAGER (LEGAL), ASSET RECOVERY MANAGEMENT BRANCH, RUKHIYA BAGH BUILDING, RAVIPURAM, ERNAKULAM. 6. MOHANACHANDRAN NAIR, S/O.PADMANABHA PILLAI, PROPRIETOR, PRASANTH CASHEW COMPANY, "HARI SREE", KOCHUPILAMOODU, KOLLAM. 7. K.R.USHASRI, M/S.SAI ENTERPRISES, KOLLAM. ADV. SRI.P.GOPINATH FOR R5 SRI.K.K.JOHN FOR R6,7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 17015/2009. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PROCLAMATION OF SALE. P2. COPY OF THE ORDER OF CONFIRMATION. P3. COPY OF THE SALE CERTIFICATE DTD.6.6.08. P4. COPY OF THE DELIVERY ORDER DTD.4.6.08. P5. COPY OF THE LETTER DTD.12.6.08. P6. COPY OF THE APPLICATION FOR NOC. P7. COPY OF THE ENCUMBRANCE CERTIFICATE DTD.18.8.08. P8. COPY OF THE SUIT FILED BEFORE THE SUB COURT, KOLLAM. P9. COPY OF THE PETITION BEFORE R1 DTD.22.1.09. P10. COPY OF THE NOTICE DTD.3.2.09 BY THE R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.17015 of 2009 ================== Dated this the 14th day of December, 2010 J U D G M E N T The petitioner, M/s.Bharat Petroleum Corporation Ltd., purchased certain properties sold by the DRT, Ernakulam, pursuant to a decree obtained by the Canara Bank against the owner of the property, who was the judgment debtor in the O.A. before the DRT. Pursuant thereto, the petitioner approached the District Collector, Thrissur, the 2nd respondent herein, for issue of a no objection certificate for establishing a retail outlet in that property. That application was forwarded by the District Collector to the Village Officer, Ollur, for his report. Apparently, because there was a court attachment in respect of the property purchased by the petitioner, no objection certificate is not being issued by the Collector. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) To issue a Writ of Mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to effect mutation in favour of the petitioner in respect of the property covered by Ext.P3 Sale Certificate. (ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to process the application for N.O.C. submitted by the petitioner without reference to any order of attachment passed by the Sub Court, Kollam. (iii) To declare that the orders of attachment issued in O.S.No.360 of 2002 and O.S.No.632 of 2002 are a nullity in the facts and circumstances of this case.” w.p.c.17015/09 2 2. The petitioner contends that in view of the decision of this court in Francis v. Navodaya Kuries & Loans (P) Ltd. & Others [2010 (3) KLJ 68], the District Collector cannot take the stand that because of the attachment, the no objection certificate cannot be issued, insofar as the attachment over the immovable properties ceases to have effect when the property is sold in auction in execution of a decree of a civil court. The petitioner, therefore, submits that this writ petition is liable to be allowed in terms of that judgment. 3. I have heard both parties. 4. Nobody disputes before me that the principle laid down in the said judgment is applicable to this case. Accordingly, following that judgment this writ petition is allowed. The 2nd respondent is directed to process the application for no objection certificate in respect of the property covered by Ext.P3 sale certificate without reference to the order of attachment passed by the Sub Court, Kollam, and pass orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.17015/09 3