2025:KER:27199 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 10576 OF 2025 PETITIONERS: 1 V.M ABDUL SALAM, AGED 75 YEARS, S/O MUSAVANNAN,VALIYAKUNNATHU HOUSE, KANJIRAPPALLY P.O, KOTTAYAM DISTRICT, PIN – 686507. 2 P.K SAFIYA, AGED 68 YEARS, W/O V.M ABDUL SALAM,VALIYAKUNNATHU HOUSE,KANJIRAPPALLY P.O, KOTTAYAM DISTRICT, PIN – 686507. BY ADVS. V.H.JASMINE GILDA DAVIS JOHIN JOHNSON JIBI JOHNSON RESPONDENTS: THE CHIEF EXECUTIVE OFFICER, MEENACHIL EAST URBAN CO-OPERATIVE BANK LIMITED 4266, H.O POONJAR,POONJAR THEKKEKARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN – 686582. BY ADVS. Mariya Rajan SHINU J.PILLAI(K/223/2005) S.SUJA(K/87/2005) ANN MARIYA JOHN(K/782/2021) FELIX SAMSON VARGHESE(K/4328/2024) FATHIMA J.M.(K/004471/2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10576 OF 2025 2 2025:KER:27199 JUDGMENT Petitioners have approached this Court seeking the following reliefs:- i. Issue a writ of Mandamus or any other appropriate writ, order, or direction directing the Respondent Bank to execute the sale deed in favour of V.U. Hameed and his wife as requested by the Petitioners; ii. Issue a writ of Mandamus or any other appropriate writ, order, or direction directing the Respondent Bank to immediately consider Ext. P5 application of the petitioner within a time frame fixed by this Hon’ble Court; iii. Issue a writ of Mandamus or any other appropriate writ, order, or direction directing the Respondent Bank to immediately takes steps expedite the registration proceedings in the name of the nominees as suggested by the petitioner Mr. V.U Hameed and his wife Thankamma Hameed within a time frame fixed by this Hon’ble Court. 2. The issued stands covered by Ext.P9 judgment of this Court, where this Court held as follows:- “3. The learned counsel for the respondent bank submits that since the petitioner is an entity which had taken part in the auction, the sale deed can be registered only in the name of the petitioner and not in the name of any other person. However, the learned counsel is unable to point out any provision of law which would prohibit registration of the property in the name of the nominees of the petitioner. 4. Having heard the learned counsel for WP(C) NO. 10576 OF 2025 3 2025:KER:27199 the petitioner and the learned counsel for the respondent bank and finding no prohibition in any law that prevents the bank from registering documents in the name of the nominees of the petitioner, I am of the view that the writ petition must be allowed by directing the respondent bank to register the documents in the name of the nominees of the petitioner despite the fact that such nominees had not taken part in the auction and only the petitioner had taken part in the auction. The needful shall be done after obtaining due authorisation from the petitioner to the satisfaction of the respondent bank. The petitioner shall execute such documents as necessary to indemnify the respondent bank from any claim or disputes arising out of the request of the petitioner to register the property in the name of nominees of the petitioner.” 3. The learned counsel for the respondent Bank fairly submits that the issue is covered by the directions issued by this Court in Ext.P9 and those directions can be issued in this case also. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank, this writ petition will stand disposed of directing that the Bank shall execute necessary documents for re-conveying the property belonging to the petitioners in favour of Sri. V.U Hameed and his wife as requested for by the petitioners after obtaining authorization from the petitioners and after obtaining an indemnity bond from the petitioners agreeing to indemnify the WP(C) NO. 10576 OF 2025 4 2025:KER:27199 respondent Bank from any claim or disputes arising out of the request of the petitioners to register the property in the name of the nominees of the petitioners. The writ petition ordered accordingly. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 10576 OF 2025 5 2025:KER:27199 APPENDIX OF WP(C) 10576/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALES CERTIFICATE ISSUED BY THE AUTHORIZED OFFICER TO THE RESPONDENT BANK DATED 22.04.2020 Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.KL05020802008/2024 DATED 12.03.2024 ISSUED BY THE SPECIAL VILLAGE OFFICER, KANJIRAPPALLY Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE NO. 5056801/315/2025 DATED 30.01.2025 ISSUED BY THE SECRETARY, KANJIRAPPALLY GRAMA PANCHAYAT Exhibit P4 TRUE COPY APPLICATION DATED 15.02.2025 SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENT BANK Exhibit P5 TRUE COPY OF THE LETTER DATED 20.02.2025 ISSUED BY THE PETITIONERS TO THE RESPONDENT BANK Exhibit P6 TRUE COPY JUDGMENT DATED 25.02.2025 IN WP(C) NO. 4914/2025 Exhibit P7 TRUE COPY OF THE LETTER DATED 28.02.2025 Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 8281/2019 DATED 26.03.2019 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 27746/2024 DATED 18.12.2024