Madras High Court
S.K.Mohamed Farukh vs The Sub-Registrar on 19 November, 2021
W.P.No.5302 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.5302 of 2021
S.K.Mohamed Farukh ... Petitioner
Vs
1. The Sub-Registrar,
Chinna Dharapuram,
Aravakurichi Taluk,
Karur District.
2. The Tamil Nadu Mercantile Bank Ltd.,
Represented by its Branch Head,
No.364, Dr.Nanjappa Road,
Opposite to VOC Park,
Coimbatore – 641 018. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Declaration, declaring that the actions of the first
respondent in entertaining and registering the obstruction petition given by
the second respondent dated 29.06.2020 in respect of the petitioner's
property comprised in Survey Nos.1757 and 1765/B of Gudalur
Keelbaagam II Village, Aravakuruchi Taluk, Karur District and situated
within the Sub-Registration District of Chinna Dharapuram and
consequently direct the second respondent to remove the above entry from
the encumbrance register in respect of the petitioner's property.
1/6
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W.P.No.5302 of 2021
For Petitioner : Mr.A.V.Arun
for Mr.J.Senthil Kumar
For Respondents : Mr.E.Veda Bagath Singh
Special Government Pleader (for R-1)
: Mr.V.Chandrasekaran (for R-2)
ORDER
This writ petition is filed to issue a Writ of Declaration to declare
that the actions of the first respondent in entertaining and registering the
obstruction petition given by the second respondent dated 29.06.2020 in
respect of the petitioner's property comprised in Survey Nos.1757 and
1765/B of Gudalur Keelbaagam II Village, Aravakuruchi Taluk, Karur
District and situated within the Sub-Registration District of Chinna
Dharapuram and consequently, direct the second respondent to remove the
above entry from the encumbrance register in respect of the petitioner's
property.
2. The case of the petitioner is that the petitioner owned the
agricultural lands ad-measuring an extent of 56 cents comprised in
S.Nos.1757 and 1765/B situated at Gudalur Keelbaagam II Village,
Aravakuruchi Taluk, Karur District. The said property has been offered by
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W.P.No.5302 of 2021
way of collateral security for borrowing loan by the petitioner's partnership
firm before the second respondent and they were sanctioned with cash credit
loans on 15.03.2018. However, without informing and getting the consent
from the second respondent, they removed stocks from the partnership firm
and as such, the second respondent lodged a complaint and it is pending in
Crime No.33 of 2020. That apart, the second respondent lodged a protest
petition dated 29.06.2020 before the first respondent alleging that they have
filed application before the Debts Recovery Tribunal, Coimbatore for
attachment of the subject property before the judgment and requested not to
entertain any registration in respect of the said property. On receipt of the
same, the first respondent recorded the protest petition in the encumbrance
of the subject property.
3. Admittedly, the second respondent filed O.A before the Debts
Recovery Tribunal, Coimbatore for attachment before the judgment in
respect of the subject property belonged to the petitioner and now it has
been numbered as O.A.No.871 of 2021 and I.A.No.2630 of 2021 for
attachment before judgment is pending for adjudication on the file of the
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W.P.No.5302 of 2021
Debts Recovery Tribunal, Coimbatore. No order has been passed by the
said Debts Recovery Tribunal, Coimbatore restraining the first respondent
not to register any deed of conveyance in respect of the subject property.
However, the first respondent immediately on receipt of the protest petition
submitted by the second respondent, made an endorsement in the
encumbrance in respect of the subject property. Even till today, the petitioner
did not present any document for registration in respect of the subject
property and as such, the endorsement made by the first respondent is pre-
mature and it is liable to be cancelled.
4. In view of the above discussion, the endorsement made by the
first respondent in the encumbrance of the subject property is hereby
cancelled. However, if any deed of conveyance presented for registration in
respect of the subject property comprised in S.Nos.1757 and 1765/B
situated at Gudalur Keelbaagam II Village, Aravakuruchi Taluk, Karur
District, on the protest petition submitted by the second respondent, the first
respondent is directed to conduct enquiry, after issuance of notice to the
petitioner as well as the second respondent and after giving opportunity of
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W.P.No.5302 of 2021
hearing to them and pass orders to register the said document in the manner
known to law.
5. In the result, this Writ Petition is allowed. No costs.
19.11.2021
kv
Index:Yes/No
To
1. The Sub-Registrar,
Chinna Dharapuram,
Aravakurichi Taluk,
Karur District.
2. The Branch Head,
The Tamil Nadu Mercantile Bank Ltd.,
No.364, Dr.Nanjappa Road,
Opposite to VOC Park,
Coimbatore – 641 018.
https://www.mhc.tn.gov.in/judis
W.P.No.5302 of 2021
G.K.ILANTHIRAIYAN, J.
kv
W.P.No.5302 of 2021
19.11.2021.
https://www.mhc.tn.gov.in/judis
