IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 33611 of 2008(B) -------------------------------------- PETITIONER: ------------------- T.A.SAJIKUMAR AGED 44, S/O. ARJUNAN THEKKANAPOIKAYIL, VALLAMALA MURI, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.R.GIREESH VARMA. RESPONDENTS: ----------------------- 1. THE SUB REGISTRAR, OFFICE OF SUB REGISTRAR, KADAPRA, VALANJAVATTOM P.O, THIRUVALLA TALUK. 2. THE AUTHORIZED OFFICER, VIJAYA BANK, THIRUVALLA BRANCH, VENGAL BUILDING, CROSS JUNCITON, THIRUVALLA. 3. RAJESH KUMAR, AGED 42, S/O. SUKUMARA PILLA, ASHA BHAVANAM, PADINJATTM MURI, NEDUMPRAM VILLAGE, THIRUVALLA TALUK, PRESENTLY RESIDING AT MELEPARAMPIL VEEDU, KOTTOOR PO, KAVIYOR VILLAGE, THIRUVALLA TALUK. R1 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R2 BY ADV. SRI. K. ANAND, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33611 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT Petitioner has filed this writ petition on 13-11- 2008 seeking a direction to the 1st respondent Sub Registrar to register a sale certificate issued under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002. That sale certificate Ext.P1 is issued on 18-10-2008. It appears from Ext.P2 that there are certain encumbrances on the property in question. This includes attachment from two civil suits and certain proceedings under Section 83 Cr.P.C. Prima facie, I do not see any inhibition in the laws relating to registration of documents to register a sale in relation to a property which is subject to certain encumbrances, including court attachments, particularly when the sale is in exercise of statutory authority under the WP(C)33611/08 -: 2 :- SARFAESI Act. Therefore, the 1st respondent Sub Registrar has to consider the question of registering the document in question and if he decides against the interest of the petitioner, he has to communicate such decision at the earliest stating reasons for such refusal. If there is no lawful ground to refuse registration, the 1st respondent has to register the same in accordance with law noting also the encumbrances and the fact that the said registration has to be subject to the encumbrances subsisting. This is because, the mere registration of a document does not, ipso facto, result in adding to the quality of the title that is passed under the sale which is the subject matter of the deed that would be registered. Any continuing encumbrance will have its effect in accordance with law and any person aggrieved will have to move the competent court to vacate those attachments or distress action. For the aforesaid reasons, the 1st respondent is directed to consider the question of registration and take a final decision thereon WP(C)33611/08 -: 3 :- within a period of three weeks from the date of production of a copy of this judgment and if he finds no reason to refuse registration by noticing the encumbrances, he shall do so within four weeks from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108