Petitioner has approached this Court seeking a direction to remove details of encumbrance from the records maintained in the Registrar Office and other revenue records. According to the petitioner, petitioner purchased the property in auction pursuant to SARFAESI proceedings and therefore he has become the absolute owner in possession of the properties. According to the petitioner, since the bank which had a right over the property under the SARFAESI Act had sold the right in favour of the petitioner, all attachments effected on the property are void and liable to be removed from the records. Petitioner relies on the judgment of this Court in Madhan S. Vs. Sub Registrar, Kollam and Ors. (2014(1) KHC 249). It is held by this Court that attachments effected subsequent to creation of equitable mortgage would be effaced after the property is purchased by sale conducted by the Recovery Officer of the Debts Recovery Tribunal. The Sub Registrar is bound to efface attachments effected from the relevant records.
2. I am of the view, attachments have been effected by an order passed by a competent Court, Registrar cannot efface such W.P(C).No.25488 of 2014 I 2 records without an order passed by a Court which passed such orders of attachment. According to the petitioner, the Court of the II Additional Sub Judge, Thiruvananthapuram in O.S.No.982 of 2008 and Munsiff's Court, Kollam in O.S.No.841 of 2006 have passed the orders attaching the property.
3. In view of the above, Additional Sub Court, Thiruvananthapuram and Munsiff's Court, Kollam shall consider the application filed by the petitioner to remove attachment notwithstanding the decree passed by the Court. If the petitioner files an application within three weeks, such application shall be disposed of within six weeks after affording an opportunity of hearing to the affected persons. Once the attachment is lifted, same shall be communicated to the Sub Registrar and Village Officer concerned to remove such details from the records.
Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/14/10/14