SUHAIL S. Vs. DISTRICT COLLECTOR & ORS.

JUDGEMENT

(1.) By virtue of Ext.P1 sale certificate issued by the 5th respondent in exercise of his powers under Section 13 of the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act' for short) read with Rule 8 and 9 of the Security Interest (Enforcement) Rules, 2002, the petitioner along with one Nizamudheen secured title over property having an extent of 16.71 Ares together with buildings and improvements and comprised in Re-survey No. 274/9 in Block No. 4 of Thrikkaruva Village.

(2.) Armed with the sale certificate, the petitioner approached the 6th respondent seeking registration of the sale deed. However, the said respondent refused registration on the ground that the property was the subject matter of an attachment effected by the 7th respondent towards arrears due to the KSEB. The petitioner was informed that recovery proceedings have been initiated by the Tahsildar (RR), Kollam in respect of the above property and a prohibitory order was passed on 2.2.2018.

(3.) The petitioner contends that the mortgage was created on 18.1.2012 as is evident from Ext.P2 and as the attachment was effected only on 2.2.2018, it would not affect the title and ownership of the property nor would it have any impact on the sale conducted as per the provisions of the SARFAESI Act. Being aggrieved and seeking interference, the petitioner is before this Court seeking the following reliefs: