M.Subashini, v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.13598 of 2024 M.Subashini ... Petitioner Vs 1.The Inspector General of Registration No.100, Santhome High Road Pattinampakkam, Chennai - 600 028 2.The District Registrar South Chennai Saidapet, Chennai - 600 015 3.The Sub Registrar Joint I Office of the Sub Registrar Tambaram, Chennai - 600 045 4.A.Senthil Joothi 5.S.Divyashree 6.Kotak Mahindra Bank Ltd.

Rep. by Authorised Officer No.27, BKC 27, G-Block Bandra Kurla Complex Bandra (E), Mumbai - 400 051 ... Respondents Page 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 28.02.2024. For Petitioner : Mr.M.Selvam For Respondents : Mr.B.Vijay Addl. Govt. Pleader for R1 to R3 Mr.T.Saikrishnan for R6

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 3 to consider the representation of the petitioner dated 28.02.2024.

2. It is the case of the writ petitioner that she was a tenant under the 4th respondent and at the inception of the tenancy she has paid an advance of Rs.4,50,000/-. However, before the period of tenancy, she was evicted without returning the advance amount. Therefore, for recovery of the said amount, she has filed a suit and got an attachment in the execution proceedings. Page 2/5

3. Despite the execution proceedings, now the property has been sold by issuing a sale certificate dated 25.01.2024. Hence seeks to cancel the sale certificate.

4. At the outset, this court is of the view that such direction cannot be issued for the simple reason that mortgage is prior to the attachment of the civil court. Therefore, the mortgage has culminated into a sale certificate. The rights of the parties, who got attachment subsequently, will always subject to the prior right created in respect of the immovable property. In such view of the matter, I do not find any merit in the writ petition and the same deserves dismissal.

5. Accordingly, the writ petition is dismissed. However, there is no order as to costs.

27.06.2024 Index : Yes / No : Yes / No Asr Page 3/5

To 1.The Inspector General of Registration No.100, Santhome High Road Pattinampakkam, Chennai - 600 028 2.The District Registrar South Chennai Saidapet, Chennai - 600 015 3.The Sub Registrar Joint I Office of the Sub Registrar Tambaram, Chennai - 600 045 4.The Government Pleader High Court, Madras Page 4/5

N.SATHISH KUMAR , J.

Asr 27.06.2024 Page 5/5