Csb Bank Ltd v. State Rep By Its District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.12679 of 2021 [Video Conferencing] CSB Bank Limited, (Erstwhile Catholic Syrian Bank Limited), Peravallur Branch, 6, Paper Mills Road, Peravallur, Chennai - 600 082.

By its Chief Manager (ARB).

.. Petitioner

Versus

1.State rep by its District Registrar, Office of the District Registrar, Chengelpet, Chengelpet District.

2.The Joint I Sub - Register, Office of the Joint I, Chengelpet.

.. Respondents Prayer : - Writ Petition filed under Article 221 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to register the Sale Certificate issued by the Authorised Officer of the petitioner under SARFAESI Act and the same presented by the petitioner in respect of the property namely building bearing plot No.16, Old Door No.111, New Door No.250, Mettu Street, Gandhi Salai, Chengalpattu, comprised in T.S.No.812/1B, Block No.16, Chengalpattu Town, Chengalpattu Taluk, Kancheepuram District, measuring 2771.6 sq.ft of land within the Sub Registration District of Chengalpattu Joint I. For Petitioner :

Mr.S.R.Sumathy For Respondents : Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed seeking a Mandamus to the second respondent/Joint I Sub - Register, Office of the Joint I, Chengelpet, to register the Sale Certificate issued by the Authorised Officer of the petitioner under SARFAESI Act and presented by the petitioner in respect of the property namely building bearing plot No.16, Old Door No.111, New Door No.250, Mettu Street, Gandhi Salai, Chengalpattu, comprised in T.S.No.812/1B, Block No.16, Chengalpattu Town, Chengalpattu Taluk, Kancheepuram District, measuring 2771.6 sq.ft, which falls under the jurisdiction of the second respondent. It is stated that the sale certificate was presented for registration. The second respondent had refused to even receive the said document for registration and refused to even register the same, stating that an agreement of sale deed dated 28.12.

2015 with respect to the said property is pending. It is also stated that the writ petitioner herein sent a number of representations. However, on the ground that an agreement was registered, the second respondent had refused to register the sale certificate.

2. The learned counsel for the writ petitioner placed reliance on the judgment delivered by a Division Bench, in which I was also a party in W.P.No.674 of 2020 in Ramayee vs the Sub Registrar, Registration Department, Valapady, Salem District and another wherein, the Division Bench was called upon a reference to answer whether a document presented for registration could be refused registration on the ground that an agreement of sale had been registered with respect to the same property.

3. The Division Bench very categorically held that an agreement of sale does not create any charge or interest over the property and that it is only an agreement between two persons and therefore, the Sub-Registrar cannot refuse to register any further document.

4. Mr.Yogesh Kannadasan, learned Government Advocate made also advise the second respondent with respect of the dictum laid down in said Division Bench judgment.

5. This Court directs the second respondent to take on file the sale certificate presented by the writ petitioner and register the sale certificate provided, if it is otherwise in order.

6. Accordingly, the writ petition is allowed. No costs.

Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar ub To 1.The District Registrar, Office of the District Registrar, Chengelpet, Chengelpet District.

2.The Joint I Sub - Register, Office of the Joint I, Chengelpet.

+1cc to the Government Pleader SR No.37720 WP.No.12679 of 2021 JPL (CO) PR (25/08/2021)