S.Shriraam v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR S.Shriraam .. Petitioner Vs 1.The Inspector General of Registration Inspector General of Registration Office 100, Santhome High Road Mullima Nagar, Mandavelipakkam Raja Annamalai Puram Chennai 600 028 2.The Sub Registrar Sub Registrar Office Madhavaram No.7, Roja Nagar, Madhavaram Chennai 600 060 3.State Bank of India Saidapet Branch No.474, Anna Salai CIT Nagar East Chennai 600 035 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order dated 03.05.2023 made in RFL/Madhavaram/3/2023 on the file of the 2nd respondent, quash the same and consequently, direct the 1/4

2nd respondent to register the sale agreement dated 03.05.2023 submitted by the petitioner, within a stipulated time as fixed by this Court. For Petitioner : Mr.R.Thirumoorthy For R1 & R2 : Mr.L.S.M.Hasan Fizal Additional Government Pleader For R3 : No appearance

O R D E R

Challenging the refusal check slip dated 03.05.2023 issued by the 2nd respondent in RFL/Madhavaram/3/2023, this writ petition has been filed.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials placed on record.

3. When the petitioner presented a Sale Agreement dated 03.05.2023 for registration, the same was refused to be registered by the 2nd respondent, on the ground that since the property is under mortgage, sale agreement cannot be registered as per Section 55-A of the Registration Act. Hence, the present writ petition.

4. In the counter filed by the respondents 1 and 2, it is their stand that in 2/4

view of the bar under Rule 55-A of the Registration Act, the impugned refusal check slip has been issued.

5. This Court is of the view that mere fact of the property being mortgaged is not a bar for registration of the subsequent transaction, as it will not take away the mortgage already created. Following the law laid down by this Court in N. Ramayee v Sub-Registrar [(2020) 6 CTC 697] and Federal Bank Vs. Sub Registrar and Others [(2023)2 CTC 289], the impugned order passed by the 2nd respondent is set aside and the 2nd respondent is directed to register the Sale Agreement of the petitioner, within a week's time from the date of receipt of a copy of this order.

With the above direction, this writ petition stands allowed. No costs. 01.07.2024 gya Index : Yes/No N.SATHISH KUMAR, J.

gya 3/4

To 1.The Inspector General of Registration Inspector General of Registration Office 100, Santhome High Road Mullima Nagar, Mandavelipakkam Raja Annamalai Puram Chennai 600 028 2.The Sub Registrar Sub Registrar Office Madhavaram No.7, Roja Nagar, Madhavaram Chennai 600 060 01.07.2024 4/4