Madras High Court
M/S.Sun Mutiara Engineering ... vs The Inspector General Of ... on 17 November, 2021
W.P.No.24534 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.24534 of 2021
and
W.M.P.No.25840 of 2021
M/s.Sun Mutiara Engineering Pvt.Ltd.,
Rep.by its Managing Director,
Mr.D.Dhanuskodi. ...
Petitioner
-Vs-
1. The Inspector General of Registration,
Chennai-600 028.
2. The SRO., Red Hills,
Chennai. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorarified Mandumus,
calling for the records pertaining to Refusal Check Slip
No.RFL/Redhills/28/2021 dt.01.10.2021 issued by the 2nd respondent,
quash the same and direct the 2nd respondent to register the sale deed
having temporary No.TP/105871980/2021.
For Petitioner : Mr.B.Ravi
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader.
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.24534 of 2021
ORDER
This Writ Petition has been filed for issuance of Writ of
Certiorarified Mandumus, calling for the records pertaining to Refusal
Check Slip No.RFL/Redhills/28/2021, dated 01.10.2021 issued by the
second respondent, quash the same and direct the second respondent to
register the sale deed having temporary No.TP/105871980/2021.
2. Heard, Mr.B.Ravi, learned counsel appearing for the petitioner
and Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondents.
3. The petitioner purchased the property to an extent of 5166
sq.ft. comprised in survey Nos.13/5F2, 13/9, 13/5E and 13/5D situated at
Ilanthancherri Village, Tiruvallur District, by a registered sale deed dated
15.06.2021. The petitioner also purchased the property comprised in
survey Nos.13/5D, 13/5F and 13/9 in respect of the property which is
situated in front of the above said property by a registered sale deed
dated 15.06.2021 to an extent of 1.57 acres. The petitioner presented
the sale deed for registration on 30.09.2021 in respect of the front portion
of the property. However, the said document was returned by an
https://www.mhc.tn.gov.in/judis
W.P.No.24534 of 2021
impugned check slip dated 01.10.2021 on the ground that in respect of
the property comprised in survey Nos.13/5D, 13/5F & 13/9 there is an
attachment in the encumbrance certificate as attachment on the file of the
Commercial Tax Department.
4. In this regard, the learned counsel for the petitioner relied upon
Judgment reported in 1985 (2) SCC 167 in the case of Balkrishan Gupta
& others Vs. Swadeshi Polytex & another and 2016 (3) LW 513 in the
case of S.Praveen Bohra Vs. Joint I Sub Registrar.
5. He further submitted that so far as the order of attachment is
concerned, a transfer is void only against the claims enforceable under
the said attachment and therefore the sale of property attached cannot be
construed as illegal as it is always open to the person who gets
attachment order to exercise his right as against the property. In fact, on
the strength of the attachment, the first respondent has issued a circular
dated 10.07.2021 in Circular No.21343/C1/2021 stating that the Sub
Registrars should not issue refusal check slip on the ground of
subsistence of attachment order.
https://www.mhc.tn.gov.in/judis
W.P.No.24534 of 2021
6. In view of the above, it is well settled principle of law that the
order of attachment cannot be a bar to register the document. The sale
of the subject property, pending the order of attachment is void only as
against the claims enforceable under the order of the said attachment and
not in respect of other claims. Therefore, the sale of the subject property
attached cannot be construed as illegal sale. That apart, the first
respondent issued Circular dated 10.07.2021 and revealed as follows :
“ vdnt. 'Secured Creditor' vd;w
jFjpapy; t';fpahy; vGjpf;bfhLf;fg;gLk;
Vy fpuar; rhd;Wfs; gjpt[f;F jhf;fy;
bra;ag;gl;lhy;. mr;brhj;J kPJ ePjpkd;wk;
xd;wpdhy; gw;Wif Miz
gpwg;gpf;fg;gl;Ls;sjd; fhuzj;jpw;fhf kWg;g[
Fwpg;g[ (Refusal Order) kw;Wk; kWg;g[ Miz
(Check Slip) tH';fg;glf; TlhJ vd;Wk;
Mtzg; gjptpid epWj;jplhky; ,ju rl;l
njitfs; g{h;j;jp bra;ag;gl;L ,Ug;gpd;
Mtzg;gjpt[ nkw;bfhs;s gjpt[ mYtyh;fs;
mwpt[Wj;jg;gLfpd;wdh;/”
7. In view of the above, the Refusal Check Slip No.RFL/Redhills/
28/2021 dt.01.10.2021 issued by the 2nd respondent, is liable to be set
asie, accordingly, it is set aside. The petitioner is directed to re-present
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W.P.No.24534 of 2021
the sale deed and on receipt of the same, the second respondent is
directed to register and release the same, forthwith.
8. In the result, the writ petition stands allowed. Consequently,
connected miscellaneous petition is closed. No costs.
17.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
Lpp
To
1. The Inspector General of Registration,
Chennai-600 028.
2. The SRO., Red Hills,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.No.24534 of 2021
G.K.ILANTHIRAIYAN, J.
Lpp
W.P.No.24534 of 2021
and W.M.P.No.25840 of 2021
17.11.2021
https://www.mhc.tn.gov.in/judis
