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Madras High CourtWP/10059/2025allowed

Canara Bank v. Sub Registrar

2025-04-02Honourable Mr Justice N. Anand Venkatesh8 pages

1/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP Nos. 10059 & 11476 of 2025 and WMP No. 11284 of 2025 W.P.No.10059 of 2025 Canara Bank Asset Recovery Management Branch 661-1, Mettupalalyam Road, RS Puram, Coimbatore-641 002.

Petitioner(s) Vs

1. Sub Registrar Sub Registrar office, Ammapettai, 2.V Saravanan Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records in pursuance to the order of Refusal in RFL/Ammapettai/81/2024 dated

2/8 29.11.2024 on the file of the 1st Respondent and quash the same and consequently direct the 1 st respondent to register the Sale Certificate dated 15.10.2024 issued by the petitioner in favour of 2 nd respondent within a stipulated period.

For Petitioner(s):

Ms.S.R.Sumathy For Respondent(s):

Mr.B.Vijay Additional Government Pleader for R1 Ms.C.B.Geetha Sanchitha for R2 W.P.No.11476 of 2025 V.Saravanan Petitioner vs.

1.The District Collector, Erode District, Erode.

2.The District Revenue Officer, The District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Anthiyur Taluk,

3/8 4.The Sub Registrar Ammapettai Sub Registrar Office, Ammapettai, Anthiyur Taluk, 5.The Branch Manager, Canara Bank, Bhavani Branch, 6.The Authorized Officer, Asset Recovery Management Canara Bank, ARM Branch, Gujarati Samaj Buildings, No 661-1, Mettupalalyam Road, RS Puram, Coimbatore-641 002.

Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 4th respondent vide Na.Ka. No.41/2025 dated 19.03.2023 and to quash the same as illegal, incompetent and ultravires and consequently direct the 4th respondent to file the auction sale certificate dated 15.20.2024 issued by the 6th Respondent in Book I maintained by the registering officer as per section 89 (4) of the Registration Act, 1908.

4/8 For Petitioner(s):

Ms.C.B.Geetha Sanchitha for M.Guruprasad For Respondent(s):

Mr.B.Vijay Additional Government Pleader for R1 to R4 Mrs.S.R.Sumathy, Standing Counsel for R5 & R6

ORDER

The issue involved in both these writ petitions are common and hence, they are taken up together, heard and disposed of through this common order. 2.The petitioner in W.P.No.11476 of 2025 had earlier filed W.P.No.4161 of 2025 challenging the impugned refusal Check Slip issued by the 4 th respondent and for a direction to receive the Sale Certificate and make the necessary entry in Book I under Section 89(4) of the Registration Act. The said writ petition was allowed by this Court by an order dated 14.02.2025. This Court directed the 4 th respondent to receive the Sale Certificate and to make the necessary entry in Book I as per Section 89(4) of the Registration Act.

5/8 3.After the above order was passed, the 4 th respondent has once again refused to receive the Sale Certificate and has issued a refusal Check Slip. Aggrieved by the same, the present writ petition has been filed before this Court. 4.The 4 th respondent has now issued the refusal Check Slip by citing some other reason. In the considered view of this Court, if the 4 th respondent had any reasons for refusing to take the Sale Certificate and make the necessary entry, the authority should come out with all the reasons even on the first occasion and the authority cannot be allowed to give one reason after the other every time when the document is presented for registration. This conduct on the part of the th respondent is not appreciable.

5.This Court had already directed the 4 th respondent to receive the Sale Certificate and to make the necessary entry in Book I under Section 89(4) of the Registration Act. The said direction shall be complied with by the 4 th respondent

6/8 forthwith. The present refusal Check Slip issued by the 4 th respondent, is hereby quashed.

6.In the result, both the writ petitions are allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 02-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

7/8 To

1. Sub Registrar Sub Registrar office, Ammapettai, Erode District. 2.The District Collector, Erode District, Erode.

3.The District Revenue Officer, The District Revenue Office, 4.The Revenue Divisional Officer, Revenue Divisional Office, Anthiyur Taluk, 5.The Branch Manager, Canara Bank, Bhavani Branch, 6.The Authorized Officer, Asset Recovery Management Canara Bank, ARM Branch, Gujarati Samaj Buildings, No 661-1, Mettupalalyam Road, RS Puram, Coimbatore-641 002.

8/8 N.ANAND VENKATESH J.

ssr WP Nos. 10059 & 11476 of 2025 and WMP No. 11284 of 2025 02-04-2025