Madras High Court
Mohammed Abdul Kadher Fazil vs The Sub Registrar on 5 January, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.(MD).No.158 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.(MD)No.158 of 2024
and
W.M.P.(MD).No.173 of 2024
Mohammed Abdul Kadher Fazil
... Petitioner
vs.
1.The Sub Registrar,
Dindigul Joint I Sub Registrar Office,
Dindigul District Collectorate,
Dindigul 624 004.
2.Edelweiss Asset Reconstruction
Company Limited,
represented by Authorised Officer,
Suresh Maduramraj,
1st Floor,
Edelweiss House, Off CST Road,
Kalina, Santa Cruz,
Mumbai 400 098. ... Respondents
PRAYER:- Writ Petition is filed under Article 226 of the Constitution of
India, to issue Writ of Certiorarified Mandamus, to call for the records of
the impugned refusal check slip passed by the 1st respondent bearing
1/7
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W.P.(MD).No.158 of 2024
RFL/1/Joint Sub Registrar Dindigul/15/2023 dated 25.08.2023 and quash
the same and to consequently direct the 1 st respondent to register the sale
certificate dated 25.08.2023 issued by the 2nd respondent in favour of the
petitioner.
For Petitioner : Mr.Prem Ayyathurai
For R1 : Mr.C.Satheesh
Government Advocate
ORDER
This writ petition has been filed challenging the impugned refusal
check slip passed by the 1st respondent bearing RFL/1/Joint Sub
Registrar Dindigul/15/2023, dated 25.08.2023 and quash the same and
consequently direct the 1st respondent to register the sale certificate dated
25.08.2023, issued by the 2nd respondent in favour of the petitioner.
2. By consent of both the parties, this writ petition is taken up for
final disposal at the admission stage itself.
3. According to the petitioner, he is the Proprietor of M/s.MASA
Agro Foods, Dindigul and he was engaged in the manufacture of edible
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oils and food products since 2022. He has participated in the E-Auction
sale in respect of a house site plot admeasuring about 2,100 sq.ft. in
T.S.No.1660/5 and 6, Ward No.6, Race Course Road, Ram Nagar,
Dindigul Town and Registration District and duly made payment of a
total sum of Rs.67,70,000/- in favour of the second respondent company.
Consequently, the second respondent executed a sale certificate in favour
of the petitioner on 25.08.2023. Thereafter, the petitioner sought to
register the sale certificate dated 25.08.2023 in his favour before the first
respondent. But the first respondent has refused to register the sale
certificate by way of impugned refusal check slip, dated 25.08.2023. The
reason cited for the refusal was the existence of an encumbrance on the
said land by way of an attachment order arising out of judgment dated
29.03.2023 in O.S.No.258 of 2019 on the file of the 1st Additional
District Judge, Madurai. The attachment by way of order dated
18.11.2020, in respect of the petition mentioned property is not a bar
against the registration of the sale certificate dated 25.08.2023, duly
executed by the second respondent in favour of the petitioner. Hence, the
petitioner has filed the present writ petition seeking to quash the
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impugned order passed by the first respondent and to direct the first
respondent to register the sale certificate dated 25.08.2023, issued by the
second respondent in favour of the petitioner.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate appearing for the first respondent.
5. In this case, the petitioner seeks for registering the sale
certificate, relying upon the judgment of this Court in the case of
S.Praveen Bohra v. Joint-I Sub Registrar, Coimbatore reported in 2016
(3) L.W. 513, in which it is clear that it is well settled principles of law
that the order of attachment cannot be a bar to register the document and
there is no need for the petitioner to file an appeal and the sale of the
subject property, pending the order of attachment is void only as against
the claims enforceable under the order of said attachment and not in
respect of other claims and the sale of the property attached cannot be
construed as illegal sale and consequently directed the Sub Registrar to
register the document and release the registered document in favour of
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the petitioner.
6. In view of the above circumstances, this Court is of the view
that there is no bar in registering the sale certificate, subject to the
pendency of the other proceedings by way of judgment and decree of the
civil Court.
7. In the result, this Writ Petition is allowed and the impugned
order passed by the first respondent dated 25.08.2023 is set aside and the
first respondent is directed to register the sale certificate issued in favour
of the petitioner, dated 25.08.2023, within a period of four weeks from
the date of receipt of a copy of this order. No costs. Consequently, the
connected Miscellaneous Petition is closed.
05.01.2024
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
akv
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To
The Sub Registrar,
Dindigul Joint I Sub Registrar Office,
Dindigul District Collectorate,
Dindigul 624 004.
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN,J.
akv
05.01.2024
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