Madras High Court
K.Rajendran vs The District Collector on 4 August, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 4.8.2021.
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.12633 of 2021
K.Rajendran Petitioner
vs.
1. The District Collector,
Salem, Salem District.
2. The Sub Registrar,
Aiyothiyapattinam Sub Registrar Office,
Salem 636 114.
Salem District. Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a writ of mandamus directing the second respondent
to remove the encumbrance in pursuant to sale agreement dated
18.9.2007 in document No.2749/2007 in respect of S.No.149/1B3,
51/1B5 and 151/1B7 at Pallipatti Village, Salem Taluk and District.
For Petitioner : Mr.M.Elango
For Respondents : Mr.K.M.D.Muhilan, Government Advocate
ORDER
The writ petitioner had purchased the land to an extent of 87.5
on 23.2.2021 from one Krishnan. The sale deed had been registered
as document No.916 in the office of the Sub Registrar of
https://www.mhc.tn.gov.in/judis/
Ayothiyapatnam, Salem. The petitioner has, then, found that there was
an agreement of sale which had also been registered in the office of
the said Sub Registrar as document No.2749/2007. Claiming that the
said entry should be deleted, the present writ petition has been filed in
the nature of a writ of mandamus.
2. The learned counsel for the petitioner relied on a judgment of
a learned Single Judge dated 9.12.2020 in W.P.No.17773 of 2020
wherein, in the very same circumstances, the learned Single Judge
had observed and held as under:-
"10. The above discussion by this Court makes it
therefore very clear that the entry made in the
Encumbrance Certificate with regard to the
agreement of sale dated 23.5.2008, has become
non-est in the eye of law. Such entry that remains in
the encumbrance certificate cannot be put against
the petitioner who has purchased the property in an
auction sale conducted by the Asset Re-construction
Company under the SARFAESI Act. This is the legal
position insofar as the right of the petitioner over the
subject property is concerned.
https://www.mhc.tn.gov.in/judis/
11. Apart from the above clarification given by
this Court, it is left open to the petitioner to present
this order for registration before the respondent and
the respondent can also register this order by virtue
of which the earlier entry made at the time of
registration of the agreement of sale automatically
gets reversed. The petitioner is directed to submit a
representation alongwith a certified copy of this order
before the respondent. The respondent, on receipt
of the same, shall register this order subject to the
payment of the necessary stamp duty and
registration fees."
3. In the instant case also, the petitioner herein gave a
representation to the second respondent, but, no action has been
taken on such representation.
4. It is to be noted that the learned Single Judge, in the case
cited supra had relied on the decision of a Division Bench in
.Ramayee v. The Sub Registrar, Registration Department and
others (2020-5-LW 385), wherein it had been held that registration
https://www.mhc.tn.gov.in/judis/
of an agreement of sale will not be a bar to further registration of sale
of the very same property.
5. In the light of the above ratio, it is left open to the petitioner
to present this order for registration before the respondent and the
respondent can also register this order by virtue of which the earlier
entry made at the time of registration of the agreement of sale
automatically gets reversed. The petitioner is directed to submit a
fresh representation alongwith a certified copy of this order before the
respondent. The respondent, on receipt of the same, shall register this
order subject to the payment of the necessary stamp duty and
registration fees.
6. The writ petition is disposed of. No further orders will be
required. No costs.
4.8.2021.
Index: Yes/No.
Internet: Yes/No.
ssk.
To
1. The District Collector,
Salem, Salem District.
2. The Sub Registrar,
Aiyothiyapattinam Sub Registrar Office,
Salem 636 114, Salem District.
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN, J.
Ssk.
W.P.No.12633 of 2021
4.8.2021.
https://www.mhc.tn.gov.in/judis/
