Indian Overseas Bank v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Indian Overseas Bank Asset Recovery Management Branch, No.11/952, Cross Cut Road, Coimbatore 641 012, Represented by its Assistant General Manager ..Petitioner(s) Vs

1. The Sub Registrar Vadavalli Coimbatore District.

2. A Ganeshan Sole Proprietor of M/s. L.D. Wire Cut Bricks,747/2, Pappanaickenpalayam,22, Pannimadai, Coimbatore District Also at No.

194-B, Mullai Nagar, Coimbatore 641 041.

3. Lakshmi Ammal

4. Babu alias Pappa Naidu

5. K C Jagannathan

6. P Karrupusamy ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the first respondent to register the Sale Certificate if presented by the Recovery Officer, DRT, Coimbatore in favour of intending auction purchaser in terms of D.R.C. No. 635/2019 dated 09.09.2019 obtained by the petitioner bank notwithstanding the void sale deed registered as Document No. 751/2008 SRO Vadavalli executed in favour of the sixth respondent.

For Petitioner(s):

Mr.M L Ganesh For Respondent(s):

Mr.P.Harish, GA for R1

ORDER

The petitioner seeks for registration of the sale certificate by the first respondent through this writ petition. However, as on date, there is no sale certificate produced by the petitioner for registration with the first respondent.

2. According to the petitioner, since the previous sale deed is reflected in the Encumbrance Certificate for the subject property, there are no takers for the subject property whenever an auction is conducted.

3. Only when the sale certificate is presented with the first respondent, the first respondent will be in a position to take a decision as to whether the said sale certificate can be registered or not.

4. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the first respondent, and on instructions, submits that as and when the sale certificate is presented by the petitioner for registration, the second respondent shall take a final decision as to whether the said sale certificate can be registered or not, within a time frame to be fixed by this Court. He further submits on instructions that in case the first respondent decides to refuse registration, the

first respondent shall issue a refusal check slip assigning reasons as to why the said sale certificate cannot be registered.

5. The learned counsel for the petitioner is satisfied if a direction is issued by this Court to the first respondent to receive the sale certificate as and when presented by the petitioner for registration, and take a final decision as to whether the said sale certificate can be registered or not.

6. Accordingly, this writ petition is disposed of by directing the first respondent to receive the sale certificate as and when presented by the petitioner for registration, and take a final decision as to whether the said sale certificate can be registered or not, within a period of four weeks from the date of presentation of the sale certificate by the petitioner. In case the first respondent decides to refuse registration of the sale certificate, the first respondent shall assign reasons for such refusal. Since no adverse orders are passed against the respondents 2 to 6, notice to them in this writ petition is dispensed with by this Court. No Costs.

06-04-2026 RKM To

1. The Sub Registrar Vadavalli Coimbatore District

ABDUL QUDDHOSE, J.

RKM 06-04-2026