Sudhakar.V v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Sudhakar.V .. Petitioner Vs.

1.The Sub-Registrar, Anna Nagar Sub Registrar Office, 2nd Main Road, Nolambour Phase-II, Nolambour, Chennai - 600 037.

2.Kotak Mahindra Bank, Rep. by its Authorised Signatory, 8th Floor (Zone 2), TVH Agnitio Park, Old Mahabalipuram Road, 141, Rajiv Gandhi Salai, Kandanchavadi, Chennai - 600 095.

3.Rajkumar Ramakrishan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to receive and register the Sale Deed dated 05.03.2025 in petitioner's favour in respect of the property measuring 1073.4375 sq.ft., undivided share out of land in Plot No.A, comprised in T.S.No.733/2 and 740/14 in Block No.2 Mullam Village, Aminjikarai Taluk, Chennai District, together with Flat bearing A, in 1st Floor, having a super build up area of 1835 sq.ft., 1/6

and a car parking, apartment namely "Subha", situated at Door No.Z184/1, Originally Plot No.1010A, Z Block, 7th Street, Anna Nagar, Chennai - 600 040 within a stipulated time framed by this Court based on the petitioner's representation dated 11.03.2025. For petitioner :

Mr.T.Mohan Senior Counsel for Mr.S.Bruno Cruz For R1 :

Mr.B.Vijay Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the 1st respondent to receive and register the sale deed dated 05.03.2025 executed in favour of the petitioner. 2.Mr.B.Vijay, learned Additional Government Pleader takes notice for the 1st respondent.

3.The main grievance that was expressed by the learned Senior Counsel appearing on behalf of the petitioner is that some objections have been raised by the 2nd respondent Bank and the 1st respondent 2/6

instead of taking a decision, is keeping the document pending. It is under these circumstances the present writ petition came to be filed before this Court.

4.The learned Additional Government Pleader appearing on behalf of the 1st respondent submitted that an objection has been received from the 2nd respondent Bank and the same was considered and till date no decision has been taken.

5.In the considered view of this Court, the 1st respondent on considering the objections raised by the 2nd respondent Bank, has to either reject the objections and register the sale deed, if it is otherwise in order or if the objections are valid, the 1st respondent has to issue a refusal check slip by assigning the reasons as to why the sale deed is not being entertained and registered. The 1st respondent cannot retain the document without taking any decision. Hence, there shall be a direction to the 1st respondent to take a decision regarding the registration of the document or on the issuance of the refusal check slip within a period of one (1) week from today.

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6.This Writ Petition is disposed of with the above directions. No costs.

28.03.2025 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE: Issue order copy on 01.04.2025.

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To 1.The Sub-Registrar, Anna Nagar Sub Registrar Office, 2nd Main Road, Nolambour Phase-II, Nolambour, Chennai - 600 037.

2.Kotak Mahindra Bank, Rep. by its Authorised Signatory, 8th Floor (Zone 2), TVH Agnitio Park, Old Mahabalipuram Road, 141, Rajiv Gandhi Salai, Kandanchavadi, Chennai - 600 095.

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N.ANAND VENKATESH, J.

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