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Madras High CourtWP/21002/2023allowed

P.Srilakshmi v. The State Of Tamilnadu

2024-06-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR P.Srilakshmi .. Petitioner

Versus

1.The State of Tamil Nadu Represented by its Secretary to Government Commercial Taxes and Registration Department Secretariat, Chennai - 600 009 2.The Inspector General of Registration No.100, Santhome High Road Mullima Nagar, Raja Annamalai Puram Chennai - 600 028 3.The Sub Registrar O/o. The Sub Registrar Office, Villivakkam Chennai - 600 049 4.The Authorised Officer State Bank of India ARM Branch 44, 1st Floor, Eldams Road Teynampet, Chennai - 600 018 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Refusal Check Slip dated 07/06/2023 vide Refusal No. RFL/Villivakkam/22/2023 of the 3rd Respondent and quash the same and consequently direct the 3rd respondent and quash the same and consequently direct the 3rd Respondent to register the Sale Certificate dated 07/06/2023 executed by the 4th Respondent in favour of the petitioner. 1/4

For Petitioner : Dr.S.S.Swaminathan for Ms.Ra.Srividhya For Respondents : Mr.R.Ramanlal, AAG assisted by Mr.Yogesh Kannadasan Special Government Pleader

ORDER

Challenge has been made in this writ petition as against the order passed by the third respondent in refusing to register the Sale Certificate dated 07.06.2023 on the ground that the Sale Certificate is not valid in the eye of law, since the mortgage by deposit of title deeds have not been registered.

2. Heard both sides and perused the materials placed on record.

3. At the outset, this Court is of the view that the proceedings is said to be initiated under SARFAESI Act and the properties were purchased in public auction and the sale certificate is also issued and the same was sought to be registered, it is not for the Sub Registrar to go into the sale certificate as an appellate court. Once the proceedings have already been culminated into the public auction and issuance of sale certificate under SARFAESI Act, the SubRegistrar has no right to question the mortgage. Such action is beyond the authority of the Sub-Registrar. In such view of the matter, the impugned 2/4

proceedings of the respondent has to be quashed.

4. Accordingly, this Writ Petition is allowed and the impugned proceedings of the third respondent stands quashed and the respondent is directed to register the sale certificate dated 07.06.2023 within a period of one month from the date of receipt of a copy of this Order. No costs. 03.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Secretary to Government The State of Tamil Nadu Commercial Taxes and Registration Department Secretariat, Chennai - 600 009 2.The Inspector General of Registration No.100, Santhome High Road Mullima Nagar, Raja Annamalai Puram Chennai - 600 028 3.The Sub Registrar O/o. The Sub Registrar Office, Villivakkam Chennai - 600 049 3/4

N. SATHISH KUMAR , J.

dhk 4.The Authorised Officer State Bank of India ARM Branch 44, 1st Floor, Eldams Road Teynampet, Chennai - 600 018 W.P.No.21002 of 2023 03.06.2024 4/4