Madras High CourtWP/8391/2024disposed of

A.Vinodhini v. The Sub Registrar

2024-04-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.8391 of 2024 Vinodhini ... Petitioner Vs

1. The Sub-Registrar, Sub Registrar Office, Arni, Thiruvannamalai District.

2. Nasima Bee

3. Apsheen.G

4. Amreen.G.

5. Mohammed Ashwaq.G.

6. Ansar

7. Dilshath Bee

8. Shri Ram City Union Finance Ltd., Rep. by its Manager, Vellore Branch, Vellore District.

... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records and quash the refusal No. RFL / Arani Cheyyar / 10 / 2024 dated 08.02.2024 issued by the first Respondent and direct the first Respondent to register our Sale Agreement dated 08.02.2024.

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For Petitioner : Mr.D.Dinesh For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed challenging the refusal slip No.RFL/Arni Cheyyar / 10 / 2024, dated 08.02.2024 issued by the first respondent refusing to register the sale agreement dated 08.02.2024

2. The first respondent has refused to register the sale agreement on the ground that since the property is already in attachment, Rule 55A Tamilnadu Registration Rules will come into play.

3. The learned Special Government Pleader appearing for the first respondent would fairly submit that proviso to Rule 55A has already been struck down by this Court in The Federal Bank Vs. Sub Ragistrar reported in SCC OnLine Mad 878. Hence, the Registration Department repeatedly issuing refusal slip citing some Rule which has already been struck down, has no legs to stand. 2/4

4. In such view of the matter, the first respondent is directed to register the sale agreement dated 08.02.2024 presented by the petitioner within a period of two weeks from the date of receipt of a copy of this Order.

5. With the above direction, this Writ Petition is disposed of. No costs.

01.04.2024 Index:Yes/No vrc To,

1. The Sub-Registrar, Sub Registrar Office, Arni, Thiruvannamalai District. 3/4

N.SATHISH KUMAR, J.

vrc WP.No.8391 of 2024 01.04.2024 4/4