Allowed¶41

M/S. Aditya Birla Housign Finance Limited v. the Sub Registrar

Madras HC14 Mar 2025WP/8409/2025

Case brief

AI extract

What is this about?

Madras High Court; WP No. 8409 of 2025; N. Anand Venkatesh J.; decided 14-03-2025. Refusal Check Slip RFL/Punjaipuliyampatti/20/2024 dated 02.12.2024 by Sub Registrar, Punjai Puliyampati (Erode District) refusing registration of Sale Deed dated 29.11.2024; refusal grounded only on attachment order in IA No.2 of 2024 in pending suit O.S.No.50 of 2023 (Palanisamy v. Manigandan); petitioner not a party to the suit; Tamil Nadu Mercantile Bank Ltd. v. Joint I Sub Registrar, 2021 2 LW 622 relied on; Check Slip quashed; registration directed if otherwise in order; writ petition allowed, no costs.

What did the court decide?

Quashing of the Refusal Check Slip dated 02.12.2024 and a direction to the respondent to register the Sale Deed dated 29.11.2024 if otherwise in order; no costs. ¶41

M/S. Aditya Birla Housign Finance Limited Vs the Sub… — Writ and Judicial Review | Madras HC (2025)

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WP No. 8409 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 8409 of 2025

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M/s. Aditya Birla Housing Finance Limited Rep By Its Authorized Signatory Mr R Dinesh, Registered Office At Indian Rayon Compound, Veravel, Gujarat 362266 Branch Office at:Srinivasa Towers, 1st Floor, #5, Cenotaph Road, 2nd Lane, Teynampet, Chennai 600 018.

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Petitioner(s)

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The Sub Registrar Punjai Puliyampati Sub Register Ofifice, No. 9/28 , Raja Veethi Kavelipalayam Road, Punjai Puliampatti, Sathyamangalam Taluk, Erode District 638 459.

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Respondent(s)

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PRAYER Writ Petition filed under Article 226 of the Constitution of India for

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https://www.mhc.tn.gov.in/judis issuance of a Writ of Certiorari Mandamus, to call for the records of the

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2/5 WP No. 8409 of 2025

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respondent in respect of Refusal check Slip RFL/ Punjaipuliyampatti/20/2024 dated 02.12.2024 and quash the same and thereby direct the respondents to register the sale deed executed by the petitioner on 29.11.2024 in respect of the property in Natham no.45, Door No. 15/413, 15/414, New Door No.15/5, 15/8, Karunanidhi nagar, Old Ward No. 1, New Ward No,15, Punjai Puliyampatti Village, Sathyamangalam Taluk, Erode District.

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For Petitioner(s): S.K.Mariyappan For Respondent(s): Mr.U.Baranidharan Special Government Pleader

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ORDER

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This writ petition has been filed challenging the refusal check slip issued

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by the respondent dated 02.12.2024 and for a consequential direction to the respondent to register the Sale Deed executed by the petitioner on 29.11.2024 with respect to the subject property.

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2.Heard Mr.S.K.Mariyappan, learned counsel appearing on behalf of the

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petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondent.

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https://www.mhc.tn.gov.in/judis

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WP No. 8409 of 2025

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3.The respondent has issued the refusal Check Slip only on the ground

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that there is a suit pending in O.S.No.50 of 2023 in which an order of

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attachment has been passed in IA No.2 of 2024.

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4.It is brought to the notice of this Court that the petitioner is not a party

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in the said suit and the suit that was filed by one Palanisamy as against one

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Manigandan.

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5.The issue is squarely covered by the earlier orders passed by this Court

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in Tamil Nadu Mercantile Bank Limited, Chainthamani Branch, 248-B, Rekha Towers, Kamarajar Salai, Madurai – 625 009, rep. by the Chief Manager/Authorized Officer Mr.P.Ramesh vs. The Joint I Sub Registrar, O/o.

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the Joint I Sub Registrar, Madurai South , Madurai and other s reported in

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2021 2 LW 622 . In view of the above, the impugned refusal Check Slip issued

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by the respondent dated 02.12.2024, is hereby quashed and there shall be a direction to the respondent to register the Sale Deed dated 29.11.2024, if it is

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otherwise in order.

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https://www.mhc.tn.gov.in/judis

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WP No. 8409 of 2025

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6.In the result, this writ petition stands allowed with the above direction.

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No Costs.

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14-03-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr

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The Sub Registrar Punjai Puliyampati Sub Register Ofifice, No. 9/28 , Raja Veethi Kavelipalayam Road, Punjai Puliampatti, Sathyamangalam Taluk, Erode District 638 459.

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https://www.mhc.tn.gov.in/judis

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WP No. 8409 of 2025

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N.ANAND VENKATESH J.

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ssr

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WP No. 8409 of 2025