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Madras High CourtWP/8409/2025allowed

M/S. Aditya Birla Housign Finance Limited v. The Sub Registrar

2025-03-14Honourable Mr Justice N. Anand Venkatesh5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. M/s. Aditya Birla Housing Finance Limited Rep By Its Authorized Signatory Mr R Dinesh, Registered Office At Indian Rayon Compound, Veravel, Gujarat 362266 Branch Office at:Srinivasa Towers, 1st Floor, #5, Cenotaph Road, 2 nd Lane, Teynampet, Chennai 600 018.

Petitioner(s) Vs The Sub Registrar Punjai Puliyampati Sub Register Ofifice, No. 9/28 , Raja Veethi Kavelipalayam Road, Punjai Puliampatti, Sathyamangalam Taluk, Erode District 638 459.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari Mandamus, to call for the records of the

2/5 respondent in respect of Refusal check Slip RFL/ Punjaipuliyampatti/20/2024 dated 02.12.2024 and quash the same and thereby direct the respondents to register the sale deed executed by the petitioner on 29.11.2024 in respect of the property in Natham no.45, Door No. 15/413, 15/414, New Door No.15/5, 15/8, Karunanidhi nagar, Old Ward No. 1, New Ward No,15, Punjai Puliyampatti Village, Sathyamangalam Taluk, Erode District. For Petitioner(s):

S.K.Mariyappan For Respondent(s):

Mr.U.Baranidharan Special Government Pleader

ORDER

This writ petition has been filed challenging the refusal check slip issued by the respondent dated 02.12.2024 and for a consequential direction to the respondent to register the Sale Deed executed by the petitioner on 29.11.2024 with respect to the subject property.

2.Heard Mr.S.K.Mariyappan, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondent.

3/5 3.The respondent has issued the refusal Check Slip only on the ground that there is a suit pending in O.S.No.50 of 2023 in which an order of attachment has been passed in IA No.2 of 2024. 4.It is brought to the notice of this Court that the petitioner is not a party in the said suit and the suit that was filed by one Palanisamy as against one Manigandan.

5.The issue is squarely covered by the earlier orders passed by this Court in Tamil Nadu Mercantile Bank Limited, Chainthamani Branch, 248-B, Rekha Towers, Kamarajar Salai, Madurai - 625 009, rep. by the Chief Manager/Authorized Officer Mr.P.Ramesh vs. The Joint I Sub Registrar, O/o. the Joint I Sub Registrar, Madurai South , Madurai and others reported in 2021 2 LW 622. In view of the above, the impugned refusal Check Slip issued by the respondent dated 02.12.2024, is hereby quashed and there shall be a direction to the respondent to register the Sale Deed dated 29.11.2024, if it is otherwise in order.

4/5 6.In the result, this writ petition stands allowed with the above direction. No Costs.

14-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr To The Sub Registrar Punjai Puliyampati Sub Register Ofifice, No. 9/28 , Raja Veethi Kavelipalayam Road, Punjai Puliampatti, Sathyamangalam Taluk, Erode District 638 459.

5/5 N.ANAND VENKATESH J.

ssr 14-03-2025