IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 3555 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------- MOHAMMED USMAN M., FIRST GRADE DRAFTSMAN, PWD ROADS SUB DIVISION, MANNARKAD, PALAKKAD DISTRICT. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM). RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE (PRC-C)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, MANNARKAD, PALAKKAD DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.N.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010 ALONG WITH WPC.NO.21091 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3555/2009 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES (PAGES 1 & 188) OF THE ORDER G.O.(P) NO.145/2006/FIN. DTD. 25/03/2006. P2: COPY OF THE RELEVANT PAGES (PAGES 1, 25 & 26) OF THE ORDER G.O.(P) NO.145/2006/FIN. DTD. 25/03/2006. P3: COPY OF THE ORDER NO.E130/02 DTD. 25/04/2006. P4: COPY OF THE ORDER NO.A1.ESTT/2008 DTD. 15/01/2009 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 3555 of 2009 -E ------------------------------ Dated this the 20th day of January, 2010. J U D G M E N T The case of the petitioner is that the petitioner is the successful bidder of the property in question, in the public auction conducted at the instance of the respondent bank, for realisation of the amount from the defaulter/fourth respondent, who had created security interest over the same. The specific contention raised by the petitioner is that once the property was sold in public auction and the petitioner has satisfied the entire sale consideration as prescribed, the petitioner is entitled to have the title, ownership, possession and enjoyment to the exclusion of all others. 2. The learned counsel for the petitioner with reference to the undisputed facts and figures and reference to the submission from the part of the Kerala Financial Corporation submits that the grievance projected by the petitioner is only with regard to the refusal of further steps to be pursued by the second respondent to register the sale deed, referring to some attachment over the W.P(C) No. 3555 of 2009 -E 2 property in question, effected at the instance of the third respondent. It is also brought to the notice of this Court that the attachment is much subsequent to the original cause of action that created equitable mortgage in favour of the first respondent bank, which was in the year 1998 and hence that there was no question of any priority for the second transaction. 3. In the above facts and circumstances, the second respondent is directed to register the sale deed executed by the first respondent in favour of the petitioner with respect to 8.29 ares of land in Survey No.270/8/2 of Koovappady Village described as C schedule in Ext.P1 as and when the same is presented by the petitioner. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab