Indian Bank v. Joint Sub Registrar 2
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-03-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 7442 of 2025
1. Indian Bank Represented by the Branch Manager, Sacred Heart Convent Branch, 523, East Pondy Road, East Shanrnugapuram, Villupuram Petitioner(s) Vs 1.The Joint Sub Registrar 2 TVK Street, Villupuram, Tamil Nadu 605 602 2.The Deputy Superintendent of Police District Crime Branch, WFVW + Q98, District Police Office, Cyber Crime Police Station, Thiru Vi Ka St, Viluppuram, Tamil Nadu 3.P.Thangapandi 4.P.Periyasamy
2/6 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent pertaining to their letter No Na.Ka. No.699 of 2024 dated 22.11.2024 issued based on the letter dated 18.11.2022 sent by the 2nd respondent and quash the same as illegal and arbitrary and consequently direct the respondent to register the sale certificate issued by the petitioner bank, if it is otherwise in order, to and in favour of the Auction Purchaser. For Petitioner(s):
Mr.S Deenadayalan For Respondent(s):
Mr.U.Baranidharan Special Government Pleader for R1 Mr.V.J.Priyadarsana Government Advocate for R2
ORDER
This writ petition has been filed challenging the impugned letter issued by the 1 st respondent refusing to register the Sale Certificate issued by the petitioner Bank in favour of the Auction Purchaser.
3/6 2.Heard Mr.B.Deenadayalan, learned counsel appearing on behalf of the petitioner, Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the 1 st respondents and Mr.V.J.Priyadarsana, learned Government Advocate appearing on behalf of the 2 nd respondent.
3.The only reason that has been cited in the impugned communication dated 22.11.2024 is that a letter has been sent by the 2 nd respondent dated 18.11.2022 not to register any documents pertaining to the subject property since a criminal case is pending.
4.In the considered view of this Court, the issue involved in the present writ petition is squarely covered by the earlier order passed by this Court wherein, this Court held that the investigating agency cannot issue a letter to the registering authority and stop registration since it is beyond the powers conferred on the investigating agency under the Cr.P.C. Useful reference can be made to the judgement passed by this Court in W.P.No.7224 of 2025 dated 11.03.2025.
4/6 5.In view of the above, the impugned communication of the 1 st respondent dated 22.11.2024, is hereby quashed and there shall be a direction to the 1 st respondent to register the Sale Certificate, if it is otherwise in order. 6.In the result, this writ petition stands allowed with the above direction. No Costs. Consequently, connected miscellaneous petition is closed. 14-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
5/6 To 1.The Joint Sub Registrar 2 TVK Street, Villupuram, Tamil Nadu 605 602 2.The Deputy Superintendent of Police District Crime Branch, WFVW + Q98, District Police Office, Cyber Crime Police Station, Thiru Vi Ka St, Viluppuram, Tamil Nadu
6/6 N.ANAND VENKATESH J.
ssr and WMP No. 7442 of 2025 14-03-2025