The petitioner purchased a property through a proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. Ext.P2 is the sale certificate. Ext.P3 is the sale deed. The petitioner approached this Court on an earlier occasion in W.P.(C) No.30695 of 2012, when the Revenue Officials refused to effect mutation and receive land tax. This Court following the judgment in Housing Development Finance Corporation v. Sub Registry Office [2011(3) KLJ 561] wherein it was held that the rights conferred on the creditor/bank by mortgage of security property and the right to conduct sale of the security property under the SARFAESI Act cannot be defeated by subsequent W.P.(C) No.31316 of 2014 2 attachments covered by the Civil Court and directed the Revenue Officials to finalise the application for mutation. Thereafter, the mutation has been effected and the basic tax is being accepted from the petitioner. The petitioner’s present grievance is that in encumbrance certificate, the encumbrance is shown. Therefore, the Registering Authority is liable to efface encumbrance from the records. The petitioner also relies on the judgment of this Court in Madhan v. Sub Registrar [2014 (1) KLT 406], wherein it was held that attachment effected subsequent to the creation of equitable mortgage will be effaced after the property is purchased by another person in sale conducted by the Recovery Officer of the Debt Recovery Tribunal and such attachment will not affect the title and ownership of the subject matter of the property.
2. It is to be noted that the Registering Authority is not effecting any attachment. On the other hand, the Civil Courts W.P.(C) No.31316 of 2014 3 have ordered the attachment. For the purpose of record, the attachment even if ordered to be effaced from the registering records, the attachment will continue to be in force as the Civil Court has the power to pass such an order. The recording of attachment is a consequential act, done by the Registering Authority. Therefore, the petitioner shall approach the Civil Court which ordered the attachment, the details of the order of attachment is mentioned in Ext.P7 itself. If the petitioner moves any application before any Civil Court mentioned in Ext.P7, the Civil Court shall consider the application within four weeks and pass appropriate orders to lift the attachment. Consequent upon lifting the attachment, the Registering Authority shall efface all attachments from the records.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln