IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 29915 of 2008(J) -------------------------- PETITIONER(S): --------------- SANDEEP M.N. AGED 30 S/O. NAGAMANI, MANIMANDIRAM, THIRUMALBHAGOM P.O., CHERTHALA. BY ADV. SRI.N.RATHEESH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE BANK OF TRAVANCORE, ZONAL OFFICE, SBT BHAVAN, PANAMPILLY NAGAR, COCHIN-36 (REGION-III) 3. THE TAHSILDAR,CHERTHALA TALUK, ALAPPUZHA DISTRICT. 4. EAASU, S/O. ABDULLA, 'ARAFA' MATTATHIL BHAGOM, HIDAYATH JUNCTION, VADUTHALA JETTY P.O., AROOKUTTY, ALAPPUZHA. R1, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2 BY ADV. SRI.K.S.DILIP R4 BY ADV.SRI.P.M.PAREETH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, ALONG WITH WPC NO. 29928 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.29915 & 29928 OF 2008 ------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT The first among the captioned matters is by one Sandeep, who is a debtor of the State Bank of Travancore. He defaulted in repaying a loan availed by him. This has resulted in the proceedings under the SARFAESI Act. The property of Sandeep was sold in auction. The petitioner in W.P(C).29928/08 purchased it. That sale has been confirmed and Ext.P1 sale deed has been executed. This means that the revenue authorities have to honour that transaction under the SARFAESI Act and effect mutation in favour of the purchaser, who is the petitioner in W.P(C).29928/08. Sandeep had filed W.P(C).35072/07 before this Court, challenging the proceedings and after arguing the matter for some time, withdrew that writ petition without prejudice to rights to move the Debt Recovery Tribunal. Consequently, he challenged the SARFAESI Act sale before the DRT. That securitisation application is stated to be pending. But the pendency of that application is no answer, as of now, to the finality of the legal questions that have to follow on the basis of WPC.29915/08 & 29928/08 Page numbers the SARFAESI Act in favour of the petitioner in W.P(C). 29928/08. It is also obvious that the said sale would be subject to the result of the SARFAESI proceedings and unless it is, in any manner, interfered with those proceedings, the finality of the legal effect of the sale is a matter which is final. For the aforesaid reasons, rejecting W.P(C).29915/08 and allowing W.P(C).29928/08, it is directed that the competent revenue authorities will, on the strength of this judgment, effect mutation and receive tax from the petitioner in W.P(C).29928/08 on the strength of Ext.P1 document in that writ petition, however, that such proceedings will be subject to any order that the DRT or any superior authority may pass on the securitisation application, including by the petitioner in W.P(C).29915/08. No costs. It is ordered that on production of a copy of this judgment, the revenue authorities will act promptly on the request, if any, of the petitioner in W.P(C).29928/08. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.