IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 8809 of 2009(U) ------------------------- PETITIONER(S): --------------- GIRISH, S/O.VELAPPAKUTTY, KUTTIKKATTIL HOUSE, VALLACHIRA DESOM AND VILLAGE,THRISSUR TALUK, P.O.VALLACHIRA. BY ADV. SRI.B.K.PURUSHOTHAMAN SRI.B.K.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. THE SUB REGISTRAR,SUB REGISTRY OFFICE, CHERPU, THRISSUR DISTRICT. 2. THE TAHSILDAR,THRISSUR TALUK OFFICE, CHEMBUKAVU,THRISSUR. 3. THE VILLAGE OFFICER, ARATTUPUZHA VILLAGE OFFICE,ARATTUPUZHA, THRISSUR DIST. 4. IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD, TANA, IRINJALAKUDA, REPRESENTED BY ITS GENERAL MANAGER. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.8809 OF 2009 ------------------------ Dated this the 30th day of March, 2009. JUDGMENT Petitioner is an auction purchaser of a property sold by the co-operative bank. It is stated that the property was refused to be registered by the respondent on the ground that prior to the sale, there was an attachment of the property. In this circumstance, the writ petition is filed for a direction to the first respondent to register Ext.P2 sale certificate issued by the Society without making any entry in the confirmation regarding existence of any encumbrance or attachment of the property purchased by Ext.P2. Petitioner relies on Ext.P5 judgment rendered by this court in WP(c).No.22566/06. That was also a case where property was attempted for registration, which was sold by a co- operate Bank, it was declined on the ground that there was a pre-existing attachment. Despite such objections this WP(c).No.8809/2009 /2/ court allowed the writ petition on the ground that the attachment could not have stood in the way of registering the document. The reasoning adopted was that, if there was an attach met as contended that would always be a liability on the property and that cannot be a reason to deny the registration. In view of the said judgment, I feel that the said dictum shall be applied to the case of the petitioner. Therefore the writ petition is disposed of directing that Ext.P2 sale certificate issued by the Assistant Registrar of Co- operative Societies shall be registered on the production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.8809/2009 /2/