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Madras High CourtWP(MD)/34602/2025allowed

B.Nagendran v. The District Registrar,

2025-11-28Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN B.Nagendran ... Petitioner Vs.

1.The District Registrar, Office of the District Registrar, No.58/1, Cutchery Road, Virudhunagar - 626 001.

2.The Sub Registrar, Sub Registrar Office Joint 1, No.58/1, Cutchery Road, Virudhunagar - 626 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to release/return the Registered Sale Certificate in Document No.1391/2025 dated 09.04.2025 registered at second Respondent Office by the way of considering the petitioner's representation dated 22.11.2025 within the time stipulated by this Court. 1/4

For Petitioner : Mr.K.Neelamegam For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

Heard both sides.

2.Indian Overseas Bank conducted SARFAESI auction sale on 04.02.2025 in respect of the petition mentioned property. The petitioner was the successful bidder. Sale certificate dated 28.02.2022 was issued in favour of the writ petitioner. The same was presented for registration. It was also registered as Document No.1391 of 2025 on 09.04.2025. The grievance of the petitioner is that till date the document has not been returned. It appears that the second respondent is retaining the document on the ground that field inspection is to be conducted. 3.This Court has held in a catena of decisions that the registering officer is bound by the valuation set out in the sale certificate. The question of invoking Section 47(A) of the Stamp Act does not arise. Since Section 47(A) is not applicable, the question of conducting field 2/4

inspection does not arise at all. In this view of the matter, the second respondent is directed to release the document to the writ petitioner immediately.

4.This Writ Petition is allowed accordingly. No costs. 28.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Registrar, Office of the District Registrar, No.58/1, Cutchery Road, Virudhunagar - 626 001.

2.The Sub Registrar, Sub Registrar Office Joint 1, No.58/1, Cutchery Road, Virudhunagar - 626 001.

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G.R.SWAMINATHAN, J.

MGA 28.11.2025 4/4