Kerala High Court
Pnb Housing Finance Ltd vs The Sub Registrar on 26 February, 2026
2026:KER:17388
WP(C) NO. 7324 OF 2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 7324 OF 2026
PETITIONER/S:
PNB HOUSING FINANCE LTD.,
48/559C, 1ST FLOOR, RP ARCADE, OPP. TRIVANDRUM
DEVELOPMENT AUTHORITY, NEAR GOLD SOUK MALL
PONNURUNNI VYTILLA, ERNAKULAM, REPRESENTED BY ITS
AUTHORISED OFFICER AJITH KP, PIN - 679399
BY ADVS.
SHRI.MADHU RADHAKRISHNAN
SHRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
SHRI.JESWIN JACOB
RESPONDENT/S:
1 THE SUB REGISTRAR,
PERUMBAVOOR SRO, MINI CIVIL STATION, PERUMBAVOOR,
PIN - 683542
2 THE VILLAGE OFFICER,
PERUMBAVOOR VILLAGE OFFICE, WATER TANK, PERUMBAVOOR,
PIN - 683542
3 DAYASREE SURESH,
W/O SURESH, POTTANKUDY HOUSE, KAVUMPURAMKARYIL, AYMURI,
ERNAKULAM, PIN - 683542
4 SURESH PK
S/O KUMARAN, POTTANKUDY HOUSE, KAVUMPURAMKARYIL, AYMURI
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WP(C) NO. 7324 OF 2026 2
ERNAKULAM, PIN - 683542
5 ABU,
MALIYAN VEETIL, PERUMBAVOOR, PIN - 683542
6 METRO BANKERS,
VEGETABLE MARKET BUILDING, AM ROAD, PERUMBAVOOR,
ERNAKULAM, PIN - 683542
7 AISWARYA NIDHI LTD.,
LEMON GRASS SOCIETY BUILDING, KURUPPAMPADY, ERNAKULAM,
PIN - 683545
8 RELIANT CREDITS INDIA LTD.,
KMC XVI/I/J, KUTHUKUZHY, ERNAKULAM, PIN - 686693
9 MANJAKKIL MANAPPAN SAJEEV,
MANJAKKIL HOUSE, VENGOLA, ERNAKULAM, PIN - 683556
SRI. K. M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 7324 OF 2026 3
JUDGMENT
Dated this the 26th day of February, 2026
This writ petition is filed seeking a direction to the 1 st
respondent to register Ext.P3 sale certificate, issued to the 9 th respondent
under the SARFAESI Act, 2002, in Book No.1, under Sec.89 (4) of the
Registration Act, 1908, without insisting on stamp duty.
2. The petitioner is a Company registered under the Companies
Act, 1956. Respondent Nos.3 and 4 have availed credit facility from the
Thrissur Branch of the petitioner. Respondent Nos.3 and 4 failed to
comply with the terms and conditions of the loan agreement and
committed default in repayment of the amounts. Later, notice dated
20.11.2019 under Section 13(2) of the SARFAESI Act was issued to the
petitioner. Thereafter, physical possession of the property was taken by
the petitioner. The secured asset was sold in auction in favour of
respondent No.9 for an amount of Rs.14,29,000/-. When the petitioner
applied for encumbrance certificate, the same shows attachments against
the property. Aggrieved by this refusal, the petitioner has approached
this Court seeking the following reliefs:
(i) Issue a Writ of Mandamus directing the 1 st respondent to register
the Exhibit P3 sale certificate dated 29/5/2025 issued in favour of
the 9th respondent by the secured creditor under SARFAESI Act
with respect to the secured asset.
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WP(C) NO. 7324 OF 2026 4
(ii) Issue a Writ of Mandamus directing the 2nd respondent to carry
out the mutations of the secured asset in favour of the 9th
respondent, on registration of the sale certificate.
(iii) Pass such other writ order or direction as this Hon’ble court may
deem fit and proper
(iv) Award the costs of the Writ Petition
3. The prayers sought in this writ petition are covered by the
judgment of this Court in Fathima v. Canara Bank [2025 (3) KLT
367]. Therefore, there will be a direction to the 1 st respondent to register
the sale certificate within one month from the date of receipt of a copy of
the judgment in accordance with law. Regarding the prayer No.(ii), it is
for the petitioner to move the authority concerned to effect mutation
pursuant to the incorporation of the sale certificate in Book No.1, in
accordance with law after registration of the sale certificate as directed
above.
The writ petition is disposed of as above.
Sd/-
BASANT BALAJI
JUDGE
Sru
2026:KER:17388
WP(C) NO. 7324 OF 2026 5
APPENDIX OF WP(C) NO. 7324 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DECLARATION AND
UNDERTAKING WITH RESPECT TO DEPOSIT OF TITLE
DEEDS DATED 20-03-2019
Exhibit P2 THE TRUE COPY OF THE MEMORANDUM OF ENTRY
DATED 20/3/2019
Exhibit P3 THE TRUE COPY OF THE SALE CERTIFICATE DATED
29/5/2025 ISSUED BY THE PETITIONER IN FAVOUR
OF RESPONDENT NO. 9
Exhibit P4 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
NO. 10101/2025 DATED 15/07/2025