IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 28637 of 2010(D) -------------------------- PETITIONER(S): --------------- DR. K.V.HAMEED, S/O.VEERAN, KODUNGAKARAN HOUSE, PETTA, FEROKE, KOZHIKODE. BY ADV. SRI.SUNIL V.MOHAMMED SRI.P.M.MOHAMMED HASSAN SRI.V.PRASANTH RESPONDENT(S): --------------- 1. THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, KOCHI-682 036. 2. THE CHIEF MANAGER, FEDERAL BANK LTD,REGIONAL OFFICE,FEDERAL TOWERS, MAVOOR ROAD, KOZHIKODE-673 016. 3. A.N.K.GEORGE, S/O.KUNHUVAREED, NELLISSERY HOUSE, 5/2450, VKS ROAD, KOZHIKODE-673 001. ADV. SRI.A.ANTONY FOR R2 SMT.LEELAMMA ANTONY FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 28637 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 12th day of October, 2010 JUDGMENT Petitioner seeks to quash Ext.P1 notice of sale published by the 1st respondent. The 1st respondent had initiated steps for executing the recovery certificate issued by the Debts Recovery Tribunal. Land admeasuring 35 Cents comprised in Re-Survey No.378/2 part (Survey No.303) of Feroke Village is proclaimed for sale. Contention of the petitioner is that the property, which is mortgaged with respect to the loan in question, is an extent of 35 Cents comprised in Re-Survey No.372/2B, which the petitioner had purchased by virtue of Ext.P2 sale deed. Complaint of the petitioner is that on the basis of Ext.P1 proclamation the 1st respondent is taking steps to conduct sale of another property which stands in the name of the wife of the petitioner covered by Ext.P5 title deed and it contains residential building. 2. As per the recital of Ext.P5 deed, it is evident that the property is having an extent of 8.75 Cents only and it is W.P.(C) No. 28637/2010 2 comprised in Re-Survey No.378/2 (Old Sy. No.303). Learned counsel appearing for the 2nd respondent bank submitted that the property scheduled under Ext.P1 is the property which is mortgaged with respect to the loan transaction and it is charged by virtue of the recovery certificate issued by the Debts Recovery Tribunal. According to him, the dispute now raised is only rooms to cause obstruction to the steps initiated for sale of the immovable property in execution of the recovery certificate. 3. On behalf of 2nd respondent assurance is offered that the sale proceedings will be confined strictly to the property which is mortgaged and described in the schedule of the recovery certificate. The above submission is recorded. It is made clear that in contravention of the assurance if any steps is taken for sale of the property covered by Ext.P5, the petitioner or his wife will be at liberty to take appropriate steps for invalidating such sale. With the above observation the writ petition is disposed of . C. K. ABDUL REHIM, JUDGE. mn.