Madras High CourtWP/48185/2025disposed of

The Karur Vysya Bank Ltd., v. The Sub Registrar

2026-01-08Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P. No. 48185 of 2025 The Karur Vysya Bank Ltd., Rep. by its Assistant General Manger /authorised Officer, P.S. Sundaravarathan, S/o. P.V. Subramaniyan, New No.2/1 and 2/2, Angadi Street, Venkatesapuram Colony, Ayanavaram, Chennai-600 023.

..Petitioner Vs The Sub-Registrar, Jawahar Nagar Main Road, Oulgaret, Puducherry-605 005.

..Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the Respondent to forthwith permit the petitioner to present the Sale Certificate dated 03.07.2025 through the online portal and consequently direct the Respondent to file the Sale Certificate dated 03.07.2025 in Book I as per Sections 89(2) or 89(4) of the Registration Act, 1908.

For Petitioner:

Mr. P.Saravana Sowmiyan For Respondent:

Mr.V.Vasanthakumar, AGP (Pondy)

ORDER

After initiating proceedings under the SARFAESI Act, 2002, the petitioner bank brought the mortgaged property for sale. Upon conclusion of the auction in favour of the successful bidder, the bank executed a sale certificate dated 03-07-2025 and endeavoured to file a copy thereof in Book - I in terms of Section 89(4) of the Registration Act, 1908. In response, the petitioner received an intimation on the online portal that the request is prohibited because of an advocate notice. Hence, this writ petition.

2. Learned Additional Government Pleader relies on written instructions to state that the request was not entertained in view of pending civil litigation relating to the property and the receipt of a preliminary notification from the Special Secretary to Government (Revenue), Puducherry under Act 30 of 2013.

3. The only response received by the petitioner is that an advocate notice was received in relation to the relevant property. The other reasons put forward by learned Additional Government Pleader have not been communicated in any manner to the petitioner. The mere pendency of civil proceedings do not constitute a bar against registration of conveyances relating to a property. In these circumstances, it is just and necessary that the respondent permits the

petitioner to file the sale certificate. Upon receipt thereof, the respondent shall either register the sale certificate or record reasons for refusal. The above shall be done within a maximum period of two weeks from the date of filing of the sale certificate.

4. With the above observations, the writ petition is disposed of. There will be no order as to costs.

08-01-2026 Index : Yes/No Internet:Yes/No kj To The Sub-Registrar, Jawahar Nagar Main Road, Oulgaret, Puducherry-605 005.

SENTHILKUMAR RAMAMOORTHY, J.

kj 08-01-2026