Mohammed Musthafa Saleem v. The Chief Manager / Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2026
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED Mohammed Musthafa Saleem Proprietor M/s Hadith Enterprises, No 31, Perumal Nagar, Thirumudivakkam Chennai 600 044 ..Petitioner Vs The Chief Manager / Authorised Officer Canara Bank Asset Recoery Management Branch, No 770A 8th Floor, Spencer Towers II Building Anna Salai, Chennai 600 002 ..Respondent Prayer : Writ petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the Respondent to forthwith execute and register a Fresh Sale certificate in favour of the petitioner for the lands bearing Plot Nos. 14 and 15 comprised in Old Survey no 664/1 measuring a total extent of 3038 sq. ft situated at No. 5/4 Thanthai Periyar Kamaraj Street, Pallikaranai Village, Shollinganallur Taluk, Kancheepuram Distrct and hand over physical Possession of the Said property to the petitioner within the time to be stipulated by this Court. For Petitioner :
Mr.R.Ragavendran For Respondent :
Mr.R.Sreedhar Standing Counsel
Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for in this writ petition is for a Writ of Mandamus directing the Respondent to forthwith execute and register a Fresh Sale certificate in favour of the petitioner for the lands bearing Plot Nos. 14 and 15 comprised in Old Survey no 664/1 measuring a total extent of 3038 sq. ft situated at No. 5/4 Thanthai Periyar Kamaraj Street, Pallikaranai Village, Shollinganallur Taluk, Kancheepuram Distrct and hand over physical Possession of the Said property to the petitioner within the time to be stipulated by this Court.
2. The petitioner is a successful auction purchaser and he has paid the entire money. Therefore, he is entitled to get the sale certificate as well as the sale got executed and registered. Since the respondent Bank allegedly has not come forward to execute the sale by giving the sale certificate, the petitioner has moved the present writ petition.
3. Heard Mr.R.Ragavendran, learned counsel for the petitioner and Mr.R.Sreedhar, learned Standing Counsel for the respondent Bank.
4. Learned Standing Counsel for the respondent Bank, on instructions would submit that, on 03.01.2024 the sale certificate has already been issued and within
the prescribed time since the writ petitioner did not get the same registered with the concerned registering authority, the same has lapsed, for which the Bank could not be blamed. He further submits that the bank is ready and willing to issue a sale certificate afresh to the petitioner and also to hand over possession to the petitioner.
5. In view of the aforesaid circumstances, this writ petition is disposed of with the following directions.
(a) There shall be a direction to the respondent Bank to issue a fresh sale certificate after receiving back the earlier one from the petitioner, within a period of 15 (fifteen) days from the date of receipt of a copy of this order.
(b) On receipt of such sale certificate, it is open to the petitioner to get it registered before the concerned registering authority. (c) The registering authority, on such production of fresh sale certificate to be issued by the bank, shall register the same under the provisions of the Registration Act without any further delay.
6. With the above directions, the writ petition is disposed of. No costs. (R.S.K.,J.) (S.S.A.,J.) 06-01-2026 Index: Yes/No Speaking/Non-speaking order KST
R.SURESH KUMAR J.
AND SHAMIM AHMED J.
KST To The Chief Manager / Authorised Officer Canara Bank Asset Recovery Management Branch, No 770A, 8th Floor, Spencer Towers II Building Anna Salai, Chennai 600 002 06-01-2026