ORDER

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandumus, calling for the records pertaining to Refusal Check Slip No.RFL/Redhills/28/2021, dated 01.10.2021 issued by the second respondent, quash the same and direct the second respondent to register the sale deed having temporary No.TP/105871980/2021.

2. Heard, Mr.B.Ravi, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

3. The petitioner purchased the property to an extent of 5166 sq.ft. comprised in survey Nos.13/5F2, 13/9, 13/5E and 13/5D situated at Ilanthancherri Village, Tiruvallur District, by a registered sale deed dated 15.06.2021. The petitioner also purchased the property comprised in survey Nos.13/5D, 13/5F and 13/9 in respect of the property which is situated in front of the above said property by a registered sale deed dated 15.06.2021 to an extent of 1.57 acres. The petitioner presented the sale deed for registration on 30.09.2021 in respect of the front portion of the property. However, the said document was returned by an impugned check slip dated 01.10.2021 on the ground that in respect of the property comprised in survey Nos.13/5D, 13/5F & 13/9 there is an attachment in the encumbrance certificate as attachment on the file of the Commercial Tax Department.

4. In this regard, the learned counsel for the petitioner relied upon Judgment reported in 1985 (2) SCC 167 in the case of Balkrishan Gupta & others Vs. Swadeshi Polytex & another and 2016 (3) LW 513 in the case of S.Praveen Bohra Vs. Joint I Sub Registrar.

5. He further submitted that so far as the order of attachment is concerned, a transfer is void only against the claims enforceable under the said attachment and therefore the sale of property attached cannot be construed as illegal as it is always open to the person who gets attachment order to exercise his right as against the property. In fact, on the strength of the attachment, the first respondent has issued a circular dated 10.07.2021 in Circular No.21343/C1/2021 stating that the Sub Registrars should not issue refusal check slip on the ground of subsistence of attachment order.

6. In view of the above, it is well settled principle of law that the order of attachment cannot be a bar to register the document. The sale of the subject property, pending the order of attachment is void only as against the claims enforceable under the order of the said attachment and not in respect of other claims. Therefore, the sale of the subject property attached cannot be construed as illegal sale. That apart, the first respondent issued Circular dated 10.07.2021 and revealed as follows :

“ vdnt. 'Secured Creditor' vd;w jFjpapy; t'f; pahy; vGjpf;bfhLff; g;gLk; Vy fpuar; rhd;Wfs; gjpt[f;F jhf;fy; bra;ag;gll; hy;. mrb; rhj;J kPJ ePjpkd;wk; xd;wpdhy; gw;Wif Miz gpwg;gpf;fg;glL; s;sjd; fhuzj;jpw;fhf kWg;g[ Fwpg;g[ (Refusal Order) kw;Wk; kWg;g[ Miz (Check Slip) tH'f; g;glf; TlhJ vd;Wk; Mtzg; gjptpid epWj;jplhky; ,ju rll; njitfs; g{h;j;jp bra;ag;glL; ,Ug;gpd; Mtzgg; jpt[ nkw;bfhs;s gjpt[ mYtyh;fs;

mwpt[Wj;jg;gLfpd;wdh;/”

7. In view of the above, the Refusal Check Slip No.RFL/Redhills/

28/2021 dt.01.10.2021 issued by the 2nd respondent, is liable to be set asie, accordingly, it is set aside. The petitioner is directed to re-present the sale deed and on receipt of the same, the second respondent is directed to register and release the same, forthwith.

8. In the result, the writ petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs.

17.11.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp To

1. The Inspector General of Registration, Chennai-600 028.

2. The SRO., Red Hills, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp and W.M.P.No.25840 of 2021

17.11.2021