IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 32224 of 2009(W) -------------------------- PETITIONER(S): --------------- P.V.SATHYANATHAN, KUNNIYIL HOUSE, KAYYATH ROAD, THALASSERY P.O. BY ADV. SRI.JOHN K.GEORGE SRI.E.C.BINEESH RESPONDENT(S): --------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 2. INDIAN OVERSEAS BANK, REGIONAL OFFICE, KOZHIKODE, REPRESENTED BY SENIOR MANAGER. ADV. SRI.P.B.SURESH KUMAR, SC, I.O.BANK FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ----------------------------------------- W.P(C).No.32224 of 2009 ----------------------------------------- Dated this the 9th December, 2009 JUDGMENT Petitioner claims to be a bonafide purchaser of 9.95 cents of property where he has put up a house and residing. Subsequently it was realised by the petitioner that the property in question is part of a land offered as security to the first respondent Bank, by a firm named M/s.Advowson Associates, in order to secure loan availed by them. Consequent to default committed in repayment of the loan, the first respondent had filed O.A.No.331/98 before the Debt Recovery Tribunal and a recovery certificate was issued as early as on 5.5.2004. Now the first respondent has initiated proceedings for auction sale of the property in question. 2. According to the petitioner, total extent of the land which was offered as security to the Bank was 30 cents. Out of which the bank has already released 11 cents of land to one Sri.Mulloli Rajan, who had preferred a claim. Therefore, the petitioner had approached the Bank seeking release of the 9.95 cents purchased by the petitioner, along with the residential building contained therein. The said request was declined by the second respondent as evidenced by Ext.P9. Hence this writ petition is filed. 2 3. Learned Standing Counsel appearing for the second respondent submitted that, out of the extent of 30 cents mortgaged to the bank it is realised that 11 cents was already purchased by the above said Sri.Mulloli Rajan even prior to the date of mortgage. The first respondent Recovery Officer has ordered release of the said extent of land on the basis of claim petition filed by that person. It is submitted that the balance extent of property is under mortgage and the request of the petitioner for a division of the property and release of a part thereof, cannot be acceded to. 4. It is noticed that the matter is pending consideration before the first respondent Recovery Officer, who is executing the recovery certificate. If the petitioner has got any claim that he is entitled to get release of any portion of the land or any building situated therein, he can approach the first respondent through appropriate claim petitions. The petitioner can also seek remedy before the first respondent to have the auction sale of the property conducted in distinct plots by segregating the portion belonging to the petitioner, so that the petitioner can also participate in the auction sale and bid in auction the property upon which he claims to have got ownership and possession. However, it is for the first respondent to decide feasibility of such course of action. 3 5. Under the above circumstances, this writ petition is disposed of reserving liberty of the petitioner to approach the first respondent with appropriate petitions as observed above. Needless to say that the first respondent shall consider such requests and take appropriate decisions thereof. C.K.Abdul Rehim, Judge cms