Madras High Court
R.Anandakrishnan vs The Inspector General Of ... on 4 March, 2022
W.P.(MD)No.3989 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.3989 of 2022
R.Anandakrishnan ... Petitioner
Vs.
1. The Inspector General of Registration,
100, Santhome High Road,
Chennai-600 028.
2. The Sub Registrar,
Chekkanurani SRO,
Madurai.
3. The Secretary cum Co-ordinator,
Administrator Committee of
Disc Assets Lead (India) Ltd.,
119, Canal Bank Road,
CIT Nagar, Chennai-600 035. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3989 of 2022
respondents 1 & 2 to enter the sale certificate dated 11.02.2022
issued and forwarded by the 3rd respondent in Book No.1 u/s.89 of
the Registration Act, 1908, in line with the order dated 15.12.2021
made in W.P Nos.8084 & 18371 of 2017 passed by this Hon'ble
Court, without insisting the stamp duty.
For Petitioner : Mr.Antony Arul Raj
For Respondents : Mr.J.John Rajadurai
Government Advocate for R1 & R2
ORDER
***********
This writ petition has been filed for a Mandamus seeking for
a direction to the respondents 1 and 2 to enter the sale certificate
dated 11.02.2022 issued and forwarded by the third respondent
under Section 89 of the Registration Act, 1908 [hereinafter
referred to as 'the Act'] without insisting upon the payment of
stamp duty.
2.It is the contention of the petitioner that he was the
successful bidder in the auction conducted by the third respondent,
thereafter a sale certificate dated 11.02.2022 was also issued in his
favour for the subject property. The petitioner presented the sale
certificate for registration. The third respondent has also
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3989 of 2022
forwarded the sale certificate issued in favour of the petitioner to
the second respondent for registration in book-I under Section 89
of the Act. However, till date, the second respondent has not
registered the sale certificate. In such circumstances, the petitioner
has filed this writ petition.
3.Heard Mr.Antony Arul Raj, learned Counsel appearing for
the petitioner and Mr.J.John Rajadurai, learned Government
Advocate who accepts notice on behalf of the respondents 1 and 2.
4.Learned Counsel for the petitioner drew the attention of
this Court to a judgment of the learned Single Judge of this Court
dated 17.11.2021 passed in W.P.No.20639 of 2021, pertaining to
the very same third respondent who had sold through an auction to
the petitioner therein a property and the sale certificate in that
case also was refused to be registered but pursuant to the order
dated 17.11.2021, referred to supra, passed in W.P.No.20639 of
2021, a direction was issued to the second respondent to register
the sale certificate in Book-I under Section 89 of the Act, without
insisting upon the payment of stamp duty. In particular, learned
Counsel for the petitioner referred to paragraph No.8 of the said
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3989 of 2022
order, wherein the learned Single Judge has held that when a sale
certificate is presented before the second respondent not for the
purpose of registration but only for the purpose of filing it under
Section 89 of the Act, the second respondent cannot refuse
acceptance for registration under Book-I.
5.Section 89(2) of the Act makes it clear that once a copy of
the sale certificate is forwarded by the Court granting a certificate
of sale, the registering authority within the local limits of whose
jurisdiction the property is situated, shall file the copy of the sale
certificate in Book-I. In the case on hand also, the property has
been purchased by the petitioner only pursuant to the directions
given by the Division Bench of this Court in W.P.Nos.8084 of 2017
and 18371 of 2017 dated 11.10.2017, under which the third
respondent was authorised to sell the property through public
auction and the petitioner became the successful bidder in the
auction conducted by the third respondent and only thereafter the
sale certificate came to be issued in his favour. The petitioner has
also not sought for registration of the sale certificate but has only
requested the registering officer to file the sale certificate in Book-I
in accordance with the Act.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3989 of 2022
6.After giving due consideration to the aforementioned facts,
this Court is inclined to allow the writ petition. Learned
Government Advocate appearing for the respondents has also not
raised any serious objections for allowing this writ petition as the
law is very clear on the point of issue involved in this writ petition.
7.Accordingly, the prayer sought for in this writ petition is
granted and the writ petition is allowed and a direction is issued to
the second respondent to file the sale certificate submitted by the
third respondent in respect of the property purchased by the
petitioner in Book-I as per the provisions of Section 89 of the Act
within a period of two [2] weeks from the date of receipt of a copy
of this order. The second respondent is also not empowered to
insist for payment of stamp duty under the provisions that are
applicable for normal registrations which fall under Book-II. There
shall be no order as to costs.
04.03.2022
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3989 of 2022
NOTE: In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the order
that is presented is the correct copy,
shall be the responsibility of the
advocate/litigant concerned.
To
1. The Inspector General of Registration,
100, Santhome High Road,
Chennai-600 028.
2. The Sub Registrar,
Chekkanurani SRO,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3989 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.3989 of 2022
04.03.2022
https://www.mhc.tn.gov.in/judis
