IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WA.No. 1360 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.8809/2009 Dated 30/03/2009 .................... APPELLANT/NOT A PARTY IN THE WRIT PETITION: ------------------------------------------------------- VIMAL.S., S/O.SUBRAMANIAN, AGED 33 YEARS, RESIDING AT VETTANATTU HOUSE, MEKKAD P.O., NEDUMBASSERY, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/PETITIONER AND RESPONDENTS IN THE WRIT PETITION: --------------------------------------------------------------------------------- 1. GIRISH, S/O. VELAPPAKUTTY, KUTTIKKATTIL HOUSE, VALLACHIRA DESOM AND VILLAGE, THRISSUR TALUK, VALLACHIRA P.O. 2. THE SUB REGISTRAR, SUB REGISTRY OFFICE, CHERPU, THRISSUR DISTRICT. 3. THE TAHASILDAR, THRISSUR TALUK OFFICE, CHEMBUKKAVU, THRISSUR. 4. THE VILLAGE OFFICER, ARATTUPUZHA VILLAGE OFFICE, ARATTUPUZHA, THRISSUR DISTRICT. 5. THE IRINJALAKUDA TOWN SERVICE CO-OPERATIVE BANK LIMITED, TANA, INRINJALAKUDA, REPRESENTED BY ITS GENERAL MANAGER. R1 BY ADV. SRI.B.K. PURUSHOTHAMAN R2TO R4 BY SR. GOVT. PLEADER, SMT.K.MEERA. R5 BY ADV. SRI.M.P.SAMUEL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2009, ALONG WITH COC NO. 462 OF 2009 AND WPC NO. 13360 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1360 OF 2009, W.(P)No. 13360 OF 2009 AND CONT. CASE (CIVIL) No.462 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 6th day of July, 2009 JUDGMENT Kurian Joseph, J. The petitioner in WP(C) No.13360 of 2009 is the appellant in WA No.1360 of 2009. The said writ appeal was filed after obtaining leave from this Court, since he was not a party to the writ petition, WP(C) No.8809 of 2009, filed by one Sri.Girish, who is the 1st respondent in the writ appeal. That writ petition was filed by the petitioner praying for a direction to the Sub Registrar to register Ext.P2 sales certificate therein issued by the Assistant Registrar of Co-operative Societies without making any entry in the confirmation regarding existence of encumbrance or attachment on the property purchased. On the settled principle of law in the matter of registration of sales certificate, the writ petition was disposed of directing WA No.1360/09,WPC:13360/09 and COC : 462 OF 2009 -:2:- registration of Ext.P2 sales certificate. The learned Single Judge also made it clear that any attachment shall not be a reason to deny registration. The present writ petitioner, Sri.Vimal, had entered into an agreement with respondents 9 to 11 on 29.05.08 for purchasing 32.5 cents of property. The said property had already been mortgaged to the 5th respondent Co-operative Bank. In view of the default committed by respondents 9 to 11, the property was proceeded against and the same was sold in auction which was purchased by Sri.Girish. According to the petitioner, it is a collusive step since the property is worth much more and it has been sold for a throw away price of Rs.5,27,500/-. 2. On the ground of a mere agreement by the petitioner, Sri.Vimal, with respondents 9 to 11, there is no justification in preventing the registration of the sales certificate and hence we do not find any merit in the writ appeal. However, it is to be made clear that registration by itself will not prejudice the rights, if any, of the petitioner in appropriate proceedings including OS No.1630 of 2008 instituted against respondents 9 to 11. Subject WA No.1360/09,WPC:13360/09 and COC : 462 OF 2009 -:3:- to the above observation, the writ appeal and writ petition are dismissed. In the Contempt Case, the learned Government Pleader points out that only in view of the directions issued by this Court in the judgment in WP(C) No.8809 of 2009, the registration was made. We do not hence find any contumacious conduct on the part of the respondent. Hence the Contempt case is closed. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.1360/09,WPC:13360/09 and COC : 462 OF 2009 -:4:-