Vanetra Infra A Partnership Firm, v. The Official Liquidator

Comp.A.No.3 of 2023 Comp.A.No.3 of 2023 in C.P.No.57 of 1998 SENTHILKUMAR RAMAMOORTHY, J The applicant was declared as the highest bidder in respect of the auction sale of the immovable property at Kalvoy Village. Consequently, the applicant was directed to pay a sum of Rs.2.20 crore, after deducting EMD therefrom, within a period of 30 days. By order dated 07.04.2022, it was recorded that the entire sale consideration was received from the applicant. Therefore, the Official Liquidator was directed to issue a sale certificate in favour of the applicant. Upon presentation of the sale certificate on 10.08.2022 before the Sub Registrar, Srivaikundam, the applicant states that the Sub Registrar refused to entertain the sale certificate on the basis that certain survey numbers were the subject of land ceiling proceedings. In particular, the applicant asserts that the lands covered in S.F.No.402/1 ad-measuring an extent of 6 acres be deleted.

2. Learned Administrator and the Deputy Official Liquidator are present. Learned Administrator states that she has been unable to ascertain the particulars of proceedings relating to S.F.No.402/1. She further submits that the disputed extent in S.F.No.402/1 is about 2.07 acres, whereas the applicant seeks deletion of the entire extent of 6 acres. https://www.mhc.tn.gov.in/judis Page No.1/2

Comp.A.No.3 of 2023 SENTHILKUMAR RAMAMOORTHY, J kal

3. As recorded earlier, the applicant had paid the entire sale consideration and seeks deletion of one survey number from the sale certificate so as to register the sale certificate. In these circumstances, this request is liable to be acceded to.

4. Accordingly, Comp.A.No.3 of 2023 is allowed by directing the Official Liquidator to issue a fresh sale certificate by deleting Survey No.402/1 of an extent of 6 acres in the Village - Kalvoy from the sale certificate. This process shall be completed within a period of two weeks from the date of receipt of a copy of this order. The applicant is granted leave to work out remedies in accordance with law with regard to the deletion of an extent of the land purchased by him. 09.01.2023 kal (1⁄2) Comp.A.No.3 of 2023 in C.P.No.57 of 1998 https://www.mhc.tn.gov.in/judis Page No.2/2