Krm Home Markers Pvt Ltd v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2024 CORAM :

THE HON'BLE MS. JUSTICE P.T.ASHA and W.M.P.No.14402 of 2024 KRM Home Makers Pvt. Ltd.

Represented by its Director Mr.M.S.Moorthy ... Petitioner Vs.

1.The Inspector of General of Registration Office of the Inspector General of Registration Santhome High Road, Chennai 600 028 2.The District Registrar Chengalpattu J.C.K.Nagar, Paramour Chengalpattu 3.The Joint - II Sub Registrar Chengalpattu Kancheepuram High Road Natham, Chengalpattu 603 002 4.IDBI Bank Ltd.

Rep. by its Authorized Officer No.115, Anna Salai Saidapet, Chennai 600 015 ... Respondents 1/4

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent authorities 2 and 3 to file / register the sale certificate dated 05.02.2024 issued by the 4th respondent bank in favour of the petitioner in Book-I, as per Section 89(4) of the Registration Act, 1908, as well as in the encumbrance register within the time limit to be fixed by this Court. For Petitioner :

Mr.S.Thanka Sivan For Respondents :

Mr.LSM Hasan Fizal Addl. Govt. Pleader - R1 to R3

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus directing directing the respondent authorities 2 and 3 to file / register the sale certificate dated 05.02.2024 issued by the 4th respondent bank in favour of the petitioner in Book-I, as per Section 89(4) of the Registration Act, 1908, as well as in the encumbrance register within the time limit to be fixed by this Court.

2. Heard Mr.LSM Hasan Fizal, the learned Additional Government Pleader for the respondents 1 to 3.

2/4

3.In the light of the order passed by the Division Bench of this Court in W.P.(MD)No.8431 of 2023 dated 13.04.2023, the reluctance on the part of the 3rd respondent in registering the sale certificate is without any legal basis. Therefore, direction is issued to the 3rd respondent to register the sale certificate dated 05.02.2024 forthwith and enter the same in Book-I as per Section 89(4) of the Registration Act, 1908, as well as in the encumbrance register maintained by them.

4.This writ petition stands allowed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 15.05.2024 kas Index:Yes/No To 1.The Inspector of General of Registration Office of the Inspector General of Registration Santhome High Road, Chennai 600 028 3/4

P.T.ASHA, J.

kas 2.The District Registrar Chengalpattu J.C.K.Nagar, Paramour Chengalpattu 3.The Joint - II Sub Registrar Chengalpattu Kancheepuram High Road Natham, Chengalpattu 603 002 and W.M.P.No.14402 of 2024 15.05.2024 4/4