Madras High Court
Csb Bank Limited vs State Rep By Its District ... on 2 August, 2021
WP.No.12679 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.08.2021
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.No.12679 of 2021
[Video Conferencing]
CSB Bank Limited,
(Erstwhile Catholic Syrian Bank Limited),
Peravallur Branch,
6, Paper Mills Road,
Peravallur,
Chennai - 600 082.
By its Chief Manager (ARB). .. Petitioner
Versus
1.State rep by its District Registrar,
Office of the District Registrar,
Chengelpet, Chengelpet District.
2.The Joint I Sub - Register,
Office of the Joint I,
Chengelpet.
.. Respondents
Prayer : - Writ Petition filed under Article 221 of the Constitution of
India praying for a writ of mandamus directing the 2nd respondent to register
1
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WP.No.12679 of 2021
the Sale Certificate issued by the Authorised Officer of the petitioner under
SARFAESI Act and the same presented by the petitioner in respect of the
property namely building bearing plot No.16, Old Door No.111, New Door
No.250, Mettu Street, Gandhi Salai, Chengalpattu, comprised in
T.S.No.812/1B, Block No.16, Chengalpattu Town, Chengalpattu Taluk,
Kancheepuram District, measuring 2771.6 sq.ft of land within the Sub
Registration District of Chengalpattu Joint I.
For Petitioner : Mr.S.R.Sumathy
For Respondents : Mr.Yogesh Kannadasan
Government Advocate
ORDER
This writ petition has been filed seeking a Mandamus to the second
respondent/Joint I Sub - Register, Office of the Joint I, Chengelpet, to
register the Sale Certificate issued by the Authorised Officer of the
petitioner under SARFAESI Act and presented by the petitioner in respect of
the property namely building bearing plot No.16, Old Door No.111, New
Door No.250, Mettu Street, Gandhi Salai, Chengalpattu, comprised in
T.S.No.812/1B, Block No.16, Chengalpattu Town, Chengalpattu Taluk,
Kancheepuram District, measuring 2771.6 sq.ft, which falls under the
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WP.No.12679 of 2021
jurisdiction of the second respondent. It is stated that the sale certificate
was presented for registration. The second respondent had refused to even
receive the said document for registration and refused to even register the
same, stating that an agreement of sale deed dated 28.12.2015 with respect
to the said property is pending. It is also stated that the writ petitioner
herein sent a number of representations. However, on the ground that an
agreement was registered, the second respondent had refused to register the
sale certificate.
2. The learned counsel for the writ petitioner placed reliance
on the judgment delivered by a Division Bench, in which I was also a party
in W.P.No.674 of 2020 in Ramayee vs the Sub Registrar, Registration
Department, Valapady, Salem District and another wherein, the Division
Bench was called upon a reference to answer whether a document presented
for registration could be refused registration on the ground that an
agreement of sale had been registered with respect to the same property.
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WP.No.12679 of 2021
3. The Division Bench very categorically held that an
agreement of sale does not create any charge or interest over the property
and that it is only an agreement between two persons and therefore, the
Sub-Registrar cannot refuse to register any further document.
4. Mr.Yogesh Kannadasan, learned Government Advocate
made also advise the second respondent with respect of the dictum laid
down in said Division Bench judgment.
5. This Court directs the second respondent to take on file the
sale certificate presented by the writ petitioner and register the sale
certificate provided, if it is otherwise in order.
6. Accordingly, the writ petition is allowed. No costs.
02.08.2021
ub
Internet : Yes
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WP.No.12679 of 2021
To
1.The District Registrar,
Office of the District Registrar,
Chengelpet, Chengelpet District.
2.The Joint I Sub - Register,
Office of the Joint I,
Chengelpet.
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WP.No.12679 of 2021
C.V.KARTHIKEYAN, J.,
ub
WP.No.12679 of 2021
02.08.2021
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