Hitesh S.Patel v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 19652 of 2025 Hitesh S.Patel ... Petitioner vs.

The Sub-Registrar, O/o. District Registrar Office, Ottapidaram, Thoothukudi District.

...Respondent

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned refusal slip issued by the respondent herein vide proceedings Reference No.RFL/Ottapidaram/35/2025 dated 30.05.2025 and quash the same and consequently direct the 1st respondent to register the deed of receipt, release the same within the stipulated time period that may be fixed by this Court.

For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.G.Suriya Ananth, Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal slip issued by the 1/4

respondent dated 30.05.2025 and consequently direct the 1st respondent to register the deed of receipt and release the same within the stipulated time period that may be fixed by this Court.

2. Admittedly, the petitioner had availed a loan from Laxmi Vilas Bank Limited and has since repaid the entire amount. The said bank has issued a receipt indicating that the borrower has settled the loan through several bills issued to various companies. Therefore, the petitioner is inclined to register the said receipt. However, the respondent has relied on a communication issued by the Enforcement Directorate dated 15.02.2025, which states that the petitioner's company is under investigation by the Directorate. Consequently, the respondent urged that no transfer of the mentioned properties should be effected without prior intimation to this office.

3. After hearing the rival submissions, this Court is of the considered opinion that the mere registration of the deed of receipt does not amount to a transfer of title to any person. Therefore, the impugned communication issued by the Enforcement Directorate is not applicable in this context.

4. Accordingly, the respondent is directed to register the deed of receipt within a period of five weeks from the date of receipt of a copy of this 2/4

order. The registration is merely an indication that the loan, which was availed by deposit of the title deed, has been discharged. It does not pertain to any transfer of property. However, it is made clear that, in case the petitioner attempts to encumber the said properties, same shall be subject to the proceedings initiated by the Enforcement Directorate.

5. With these observations and directions this writ petition is allowed. No costs.

21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

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The Sub-Registrar, O/o. District Registrar Office, Ottapidaram, Thoothukudi District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 19652 of 2025 DATED :21.07.2025 4/4