Sub-Registrar cannot refuse document registration solely due to civil court attachment; mandamus issues to direct registration.

JUDGMENT

Dated this the 8^th day of April, 2026 The first petitioner had purchased 5 cents of property, by Ext.P1 sale deed dated 25.02.2026 from one V.C. Cheriyan. The 2^nd petitioner had also purchased 5 cents of property, as per Ext.P2 sale deed dated 25.02.2026 from the very same V.C.Cheriyan. Both the sale deeds were presented for registration before the respondent on 25.02.2026. But, the respondent stated that the sale deeds cannot be registered since, there is an attachment in the properties by the Sub Court, Ottappalam in O.S.No.95/2012. It is the contention of the petitioners that the encumbrance certificate issued to the properties does not disclose any attachment existing and that the attachment in O.S.No.95/2012 is with regard to a different property. Hence, the petitioners approached this Court, by filling this writ petition, seeking the following reliefs:-

a) Issue a writ of Certiorari or any other appropriate Writ, Order or direction calling for the records leading to Exhibit P-6 and P-7 and set aside the same.

b) Issue a Writ of Mandamus or any other Writ, Order or direction directing the respondent to register Exhibit P-1 and P2 sale deeds presented by the petitioners.

c) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the respondent has no authority to refuse registration of the document in respect of property covered by Exhibits P-1 and P-2 on the ground that the property is having attachment by a Civil Court.

2. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondent.

3. A Full Bench of this Court inFathima v. Canara Bank, Palakkad[2025 KHC OnLine 521] has categorically held that registration of documents cannot be denied, merely because there is an attachment by the competent civil court and that Article 226 of theConstitution of Indiacan be invoked to issue a writ of mandamus directing the Sub Registrar to register the document. Be that as it may, in the instant case, it is also to be taken note that the petitioners have no objections to purchase the property, along with the attachment existing over the property. Hence, considering all the afore facts and also the decision inFathima’s case(supra), this writ petition is disposed of, by directing the respondent to register Exts. P1 and P2 sale deeds along with the attachment, if any, existing over the properties, within a period of three weeks from the date of receipt of a copy of this judgment. For enabling the same, the validity of the stamp paper in which the sale deeds have been executed, is extended for a period of one month from today.