IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 7740 of 2009(J) ------------------------------------------ PETITIONER(S): ----------------------- MRS.USHASREE K.R., W/O.B.MOHANA CHANDRAN NAIR, RESIDING AT HARISREE, KOCHUPILAMOODU, KOLLAM. BY ADV. SMT.SHAHNA KARTHIKEYAN RESPONDENT(S): ------------------------ 1. INDIAN BANK, REPRESENTED BY THE MANAGER, KOLLAM BRANCH OF INDIAN BANK, KOLLAM. 2. AUTHORIZED OFFICER, A/C SUNDARESWARAN, INDIAN BANK, KOLLAM. 3. THE TAHSILDAR, KOLLAM TALUK, KOLLAM. R1 & R2 BY ADV. S. EASWARAN, SC. R3 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 7740 OF 2009 J -------------------------------------- Dated this the 24th March, 2009 JUDGMENT Petitioner is the successful auction purchaser in the auction conducted under the SARFAESI Act by respondents 1 and 2. The extent which was purported to be sold is approximately 320 cents. The complaint in this Writ Petition relates to the delay in registering the Sale Certificate and identifying the property. The prayers are three in number. They are as follows: “i) Issue a writ of mandamus or other writ, direction or order directing respondents 1 and 2 to complete the registration in respect of 291.855 cents identified by the Village Officer for the proportionate amount of sale consideration out of Rs.4,45,50,000/= given for 3.20 Acres. ii) Direct respondents 1 to 3 to identify the balance extent of land 28.145 cents out of 3.20 Acres and take possession and complete the registration of this extent for the balance consideration. WPC.7740/09 J 2 iii) Direct respondents 1 and 2 to execute and register the deeds in respect of 291.855 cents as prayed for in different plots for sale consideration mentioned for each plot in Ext.P5 letter sent to the 1st respondent Bank by the petitioner.” 2. I heard Shri M.C. Sen, learned senior counsel for the petitioner, Shri S. Easwaran, learned standing counsel appearing for respondents 1 and 2, and also the learned Government Pleader appearing on behalf of the third respondent. Learned counsel appearing for respondents 1 and 2 would contend that there is some discrepancy in the measurement and he refers to Ext.P3 and submits that the process of ascertaining the actual extent is going on. He would further submit that respondents 1 and 2 have no objection in the registration in relation to 291.855 cents. In the light of this stand taken by respondents 1 and 2, which I record, the Writ Petition is disposed of directing the first respondent to complete the registration in respect of 291.855 cents in the manner WPC.7740/09 J 3 provided by law. There will be a further direction to respondents 1 to 3 to expedite the process of identifying the balance extent out of 3.20 Acres. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge