Micheal v. The Joint Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.(MD) No.2763 of 2025 Micheal ... Petitioner vs.

1.The Joint Director, Directorate of Enforcement Chennai Zonal Office II, Second and third floor, Tower to BSNL, C Block, Greams Road, Thousand Light, Chennai 6.

2.The Sub Registrar, Keela Rajakuaraman, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Refusal Check Slip issued by the 2nd Respondent dated 21.11.2024 and quash the same and to direct the 2nd respondent to receive and register the sale deed dated 21.11.2024 executed by the petitioner in favour of Mrs.Rajeshwari wife of Rajakumar respectively by this Court. For Petitioner :Mr.B.Arun For R1 :Mr.K.Govindarajan DSGI 1/5

For R2 : Mr.P.T.Thiraviyam Government Advocate

ORDER

The petitioner seeks for the following relief:- "for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Refusal Check Slip issued by the 2nd Respondent dated 21.11.2024 and quash the same and to direct the 2nd respondent to receive and register the sale deed dated 21.11.2024 executed by the petitioner in favour of Mrs.Rajeshwari wife of Rajakumar respectively by this Court."

2.The petitioner states that he purchased the property situated at S.Nos.355/3B, 355/3A, 354/2B, 354/1D, 354/1B, 354/1A and 354/2A of Keezharajakularaman, Virudhunagar District from one K.Veemini Srinivasan and others by way of a registered Doc.No. 1890/2003 dated 31.10.2023. When he attempted to alienate the same in favour of a third party, the second respondent/sub-registrar refused to register the same and issued a refusal check slip citing attachment by the first respondent. According to the petitioner, he has never been involved in any criminal case pertaining to offences 2/5

attracting the Prevention of Money Laundering Act, 2002. By way of an abundant caution, he filed an application to the Directorate of Enforcement, seeking a 'No Objection Certificate'. As the same was kept pending, he has come forward with the present writ petition challenging the refusal check slip.

3.This Court entertained the writ petition. At the time of admission, Mr.K.Govindarajan, learned Deputy Solicitor General of India, took notice for the first respondent and Mr.M.Sarangan, learned Additional Government Pleader, took notice for the second respondent.

4.The first respondent has filed a counter stating that the property of the petitioner was never attached under the two orders referred to in the impugned order. In paragraph No.6, it has been specifically stated as follows:- " .......The Registration of the above-mentioned property in the name of Shri Micheal has never been blocked in the above case."

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5.The only ground, on which the registration was refused, was an alleged attachment passed by the Joint Director, Directorate of Enforcement, Chennai. As the Director of Enforcement has filed an affidavit stating that the property of the writ petitioner was never the subject matter of attachment, the impugned order necessarily has to be set aside.

6.Accordingly, the Writ Petition stands allowed. The impugned order is quashed. There shall be a direction to the respondents to register the document presented by the petitioner. No costs. Index :Yes / No 01.04.2025 Internet :Yes / No NCC :Yes / No mm To The Sub Registrar, Keela Rajakuaraman, Virudhunagar.

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V. LAKSHMINARAYANAN, J.

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