Tamilnad Mercantile Bank Limited v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Tamilnad Mercantile Bank Limited, Marthandam Branch, No.1-1-A, Cheriyakattu Vilai, TVM Main Road, Pammam, Marthandam, Kanyakumari District- 629 165.

Represented by The Chief Manager/Authorised Officer ... Petitioner vs.

1. The Sub Registrar, Colachel Sub Registrar Office, Colachel, Kanyakumari District.

2. Mr.A.John Leon Singh Prop : M/s.Angel Motors, 324/7b, Trivandrum Main Road, Pammam, Marthandam - 629165, Kanyakumari District.

3. Mr.S.Anto Libin Selvaraj

4. A.Selvaraj ... Respondents Page No.1 of 4

Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to register the Sale Certificate dated 12.09.2022 issued in respect of the schedule mentioned property by the petitioner bank in favour of the 3rd respondent as per petitioner's representation dated 14.09.2022.

For Petitioner : Mr.N.Dilip Kumar For R1 : Mr.R.Baskaran Additional Advocate General assisted by Mr.P.Subbaraj, Special Government Pleader For R2 : No appearance For R3 & R4 : No appearance

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the writ petition reads as follows: ''To issue a Writ of Mandamus, directing the 1st respondent to register the Sale Certificate dated 12.09.2022 issued in respect of the schedule mentioned property by the petitioner bank in favour of the 3rd respondent as per petitioner's representation dated 14.09.2022.'' 2.

It is the grievance of the petitioner Bank that the sale certificate issued by it has not been registered by the Sub Registrar. Page No.2 of 4

3.

Mr.R.Baskaran, learned Additional Advocate General assisted by Mr.P.Subbaraj, learned Special Government Pleader would submit that if the petitioner Bank approaches the Sub Registrar now, the document will be registered after collecting the proper stamp duty and registration charges which is 5% and 1% respectively.

4.

Recording the said submission, the Writ Petition is disposed of. No costs.

(R.S.M, J.) (L.V.G, J.) 21.08.2024 Index : Yes / No : Yes / No bala To The Sub Registrar, Colachel Sub Registrar Office, Colachel, Kanyakumari District.

Page No.3 of 4

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala ORDER MADE IN DATED : 21.08.2024 Page No.4 of 4