Tamil Nadu Mercantile Bank Ltd v. The Sub Registrar
WMP(MD) No.1677 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Fifth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice M.M.SUNDRESH and The Hon'ble Mrs.Justice S.ANANTHI WMP(MD) No.1677 of 2021 IN WP(MD) No.1970 of 2021 1 TAMIL NADU MERCANTILE BANK LIMITED, PADANTHALUMOODU BRANCH, DOOR.NO.17/92, THIRUVANANTHAPURAM MAIN ROAD, (VIA) KALIYAKKAVILAI, PADANTHALUMOODU-629 164, KANYAKUMARI DISTRICT, REP. BY THE CHIEF MANAGER/AUTHORISED OFFICER, G.UTHAYAKUMAR ... PETITIONER/PETITIONER Vs 1 THE SUB-REGISTRAR OFFICE OF THE SUB-REGISTRAR THIRUVATTAR, THIRUVATTAR, KANYAKUMARI DISTRICT.
2 M/s.A.K.TRADERS REP BY ITS PROPRIETOR K.AJAYAKUMAR 3 K.AJAYAKUMAR 4 D.S.RABEENA 5 OOMMEN BABU 6 C.RAMADHAS ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of interim direction to the 1st respondent Sub-Registrar, Thiruvattar, Kanyakumari District to register the Sale Certificate dated 18.01.2021 issued in respect of the schedule mentioned property by the Petitioner Bank in favor of the 6th Respondent, pending disposal of the main WP(MD) No.1970 of 2021. SCHEDULE OF PROPERTY Land to the extent of 3.250 cents in R.S.No.397/6 (Old S.No.5) at Thiruvattar Village and a building constructed there to an extent of GF-1211 sq.ft bearing Door No.2-107/1, Aranivilai, Kulasekaram, Kalkulam Taluk, Thiruvattar Sub Registry, Marthandam Registry and Kanyakumari District, standing in the name of Mr.K.Ajayakumar (3rd respondent).
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WMP(MD) No.1677 of 2021 Boundaries East of Own property West of Road North of Property of Kumaraswamy panicker South of Own property Prayer in WP(MD). 1970/ 2021 :
Writ Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a WRIT OF MANDAMUS directing the 1st respondent, Sub Registrar, Thiruvattar, Kanyakumari District to register the Sale Certificate dated 18.01.2021 issued in respect of the schedule mentioned property by the Petitioner Bank in favour of the 6th respondent and for a consequential direction to efface/delete the encumbrance attachment entry dated 02.11.2016 in Doc.No.30/2016 and to efface/delete the encumbrance attachment entry dated 11.12.2017 in Doc.No.25/2017 on the file of the 1st respondent, Sub-Registrar, Thiruvattar, Kanyakumari District as against the schedule mentioned property.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.DILIPKUMAR.N, Advocate for the petitioner and of Mr.K.SATHIYASINGH, Additional Government Pleader on behalf of the first respondent, the Court made the following order:- As the main Writ Petition is directed to be posted on 05.03.2021 and as orders can only be passed on the main matter, this Miscellaneous Petition stands closed.
sd/- 05/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR THIRUVATTAR, THIRUVATTAR, KANYAKUMARI DISTIRCT.
ORDER IN WMP(MD) No.1677 of 2021 IN WP(MD) No.1970 of 2021 Date :05/02/2021 GK SRS/JC/SAR-I/10.02.2021/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2