Rajalakshmi Vasu 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

1. Rajalakshmi Vasu

2. Koushik Ketharam .. Petitioners

Versus

1. The Inspector General of Registration, No.100, Santhome High Road, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2. The Sub Registrar, Thiruporur Sub Registrar Office, No.29, South Mada Street, Thiruporu - 603 110.

3. Pegasus Assets Reconstruction Pvt. Ltd., Represented by its Authorised Officer, Flat No.1-C, First Floor, H.M.H.Plaza, New No.56 [o] 105, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent herein to file the sale certificate dated 27.03.2024 issued by the third respondent herein and forwarded to the second respondent in Book No.1 in accordance with S 89(4) of the Registration Act without requiring any stamp duty or registration fee.

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For Petitioners : Mr.Tarun Rao Kallakuru For Respondents : Mr.M.Shajahan Special Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed to direct the second respondent herein to file the sale certificate dated 27.03.2024 issued by the third respondent herein and forwarded to the second respondent in Book No.1 in accordance with Section 89(4) of the Registration Act without requiring any stamp duty or registration fee.

3. Heard the learned counsel appearing for the petitioners, the learned Special Government Pleader appearing for respondents and perused the materials available on record.

4. It is the contention of the petitioners that they are the successful auction purchaser in a sale held by the third respondent and the third respondent also issued a sale certificate. The grievance of the petitioners is 2/5

that though the third respondent had forwarded the sale certificate before the second respondent, the same has not been filed by the second respondent. Hence, the present Writ Petition.

5. It is relevant to note that once the authority has forwarded a copy of the sale certificate it is the duty of the registration authorities to file the same as per Section 89 [4] of the Registration Act. Hence, there shall be a direction to the second respondent to file the sale certificate forwarded by the third respondent as per Section 89[4] of the Registration Act within a period of fifteen days from the date of receipt of a copy of this Order.

6. Accordingly, this Writ Petition stands disposed of. No costs. 27.06.2024 vrc Note : Issue Order copy on 05.07.2024.

Index :Yes/No Internet :Yes/No : Yes/No To 3/5

1. The Inspector General of Registration, No.100, Santhome High Road, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2. The Sub Registrar, Thiruporur Sub Registrar Office, No.29, South Mada Street, Thiruporu - 603 110. 4/5

N. SATHISH KUMAR , J.

vrc W.P.No.16517 of 2024 27.06.2024 5/5