SREERAJ S. Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) It is stated that the petitioner purchased a property under the provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). That, when the Sub Registrar refused to register sale certificate without endorsement regarding the prior attachment and charges, the petitioner was constrained to file a Writ Petition as W.P.(C).No. 6880/2017. This Court as per Ext.P-1 judgment dated 31.5.2017 had disposed of W.P.(C).No.6880/2017 with the direction that the respondent SRO shall register the certificate without mentioning any prior attachment. That pursuant thereof, the sale certificate was registered. But that now the Sub Registrar is not issuing encumbrance certificate without endorsement of previous attachment. It is in the light of these factual averments, that the petitioner has filed the instant Writ Petition (Civil) with the following prayers:

(2.) Heard Sri.P.Haridas, learned counsel appearing for the petitioner and Smt.A.C.Vidhya, learned Govt. Pleader appearing for the official respondents.

(3.) This Court had rendered Ext.P-1 judgment dated 31.5.2017 in W.P.(C).No.6880/2017 filed by the petitioner herein. The said judgment reads as follows: