Sri Vethaa Dairy Private Limited v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.2887 of 2025 Sri Vethaa Dairy Private Limited, Represented by its Managing Director N.Ramesh S/o.Natarajan No.223/2, Chettiyar Agaram, 1st Street, Vanagaram, Veeraragavapuram, Poonamallee, Tiruvallur - 600 077.

... Petitioner Vs.

1. The Sub Registrar, Ulundurpettai, Ulundurpet Sub-Registration Office, Taluk Office Campus, Panruti Main Road, Ulundurpetttai - 606 107.

2. The Punjab National Bank Represented by its Chief Manager Thiru.C.G.Ranjith, S/o.G.Gangadharan Nair, Zonal Sastra Centre Chennai PNB Towers, 4th Floor, No.46-49, Royapettah High Road, Royapettah, Chennai - 600 014.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the entire proceedings culminating in the impugned Refusal Check Slip bearing RFL/Ulundurpettai/1/2024 dated 21.02.2024 issued to the petitioner by the first respondent rejecting the registration of the Sale Certificate dated 21.02.2024, quash the same and consequently direct the 1st respondent to register the Sale Certificate dated 21.02.2024 executed in favour of the petitioner by the second respondent. For Petitioner : Mr.V.Elangovan For Respondents : Mr.M.Shahjahan Special Government Pleader [R1] *****

O R D E R

This writ petition has been filed challenging the impugned refusal check slip issued by the first respondent rejecting registration of the sale certificate dated 21.02.2024 and for a consequential direction to the first respondent to register the sale certificate dated 21.02.2024.

2. Heard Mr.V.Elangovan, learned counsel for petitioner and Mr.M.Shahjahan, learned Special Government Pleader appearing for first respondent.

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3. The case of the petitioner is that the property belonged to one R.Hemanth Chordia and R.Vimalraj Chordia by virtue of a registered sale deed registered as document No.1406 of 2009. Thereafter, there was a dispute regarding issuance of patta between the said persons and one Rajavel and Krishnamurthy. Ultimately, it resulted in the proceedings of the Revenue Divisional Officer dated 06.10.2017 whereby the patta that was issued in favour of Rajavel and Krishnamurthy was cancelled. In view of the same, the original owners availed loan from the second respondent bank and the subject property was given as security for the said loan. The loan amount was not repaid and therefore, the second respondent bank initiated proceedings under the SARFAESI Act for recovery of the loan amount. The same resulted in the property being brought for sale and the petitioner was the successful bidder and the sale certificate dated 21.02.2024 was executed in favour of the petitioner.

4. The sale certificate issued in favour of the petitioner was presented for registration before the first respondent. The first respondent refused to register the sale certificate on the ground that the petitioner did not produce the original patta that was granted in patta No.1065. 3/6

Aggrieved by the same, the present writ petition has been filed before this Court.

5. In the considered view of this Court, patta No.1065 was issued in favour of Rajavel and Krishnamurthy. This patta ultimately came to be cancelled by the Revenue Divisional Officer through proceedings dated 06.10.2017. The order passed by the Revenue Divisional Officer was subsequently confirmed by the District Revenue Officer through proceedings dated 15.03.2024. Therefore, this patta is no longer valid and hence, no useful purpose will be served in asking for production of that patta.

6. In the light of the above discussion, this Court is inclined to interfere with the refusal check slip issued by the first respondent and the same is hereby quashed. It is left open to the petitioner to file a sworn affidavit stating the reason for non-availability of patta No.1065 in the prescribed format and on receipt of the same, the sale certificate that is presented for registration before the first respondent shall be registered, if it is otherwise in order.

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In the result, this writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

05.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Sub Registrar Ulundurpettai Ulundurpet Sub-Registration Office Taluk Office Campus Panruti Main Road Ulundurpetttai - 606 107

2. The Punjab National Bank Represented by its Chief Manager Thiru.C.G.Ranjith S/o.G.Gangadharan Nair Zonal Sastra Centre Chennai PNB Towers 4th Floor, No.46-49 Royapettah High Road Royapettah Chennai - 600 014 5/6

N.ANAND VENKATESH, J gm 05.02.2025 6/6