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2026 Supreme(Online)(Mad) 26040
IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
A.Surendiran – Appellant
Versus
The Inspector General Of Registration – Respondent
Writ Petition
For the Appellants/Petitioners: No Appearance
For the Respondents:Mr.P.Harish Government Advocate for R1 to R3, R4 – No Appearance, R5 & R6 – No Apperance
Mandamus issued directing consideration of sale certificate cancellation upon presentation before registration authorities.
Headnote:First Paragraph: Under Article 226 of the Constitution of India, petitioners seek mandamus directing registration of cancellation of sale certificate dated 18.12.2021 (document No.10096/2021) per Debt Recovery Tribunal-II order dated 23.11.2023 in S.A. Nos.23/2021 and 450/2021. Essential facts involve prior tribunal orders on sale certificate from bank auction. Court finds no document presented for registration, directing consideration if submitted. Second Paragraph: Key issue framed as whether official respondents must register cancellation absent presentation. Ratio: Officials unable to act without document; will consider if presented per law (para 3-4). Third Paragraph: Writ petition disposed with direction to consider presented cancellation certificate and pass orders in accordance with law.
| Table of Content |
|---|
| 1. prayer for mandamus to register sale certificate cancellation per tribunal order. (Para 1) |
| 2. no appearance by petitioners; officials await document presentation. (Para 2) |
| 3. direction to consider cancellation if presented; petition disposed. (Para 4) |
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the 3rd Respondent to register the cancellation of sale certificate dated 18.12.2021, vide document No.10096/
2021, registered on the file of 3rd Respondent, in view of order dated 23.11. 2023, passed by Debt Recovery Tribunal - II, Chennai in S.A. No. 23/ 2021 and S.A. No. 450/ 2021.
For Petitioner(s): No Appearance For Respondent(s): Mr.P.Harish Government Advocate for R1 to R3 R4 – No Appearance R5 & R6 – No Apperance
ORDER
This Writ Petition has been filed seeking issuance of writ of mandamus, directing the 3rd Respondent to register the cancellation of sale certificate dated 18.12.2021, vide document No.10096/ 2021, registered on the file of 3rd Respondent, in view of order dated 23.11. 2023, passed by Debt Recovery Tribunal - II, Chennai in S.A. No. 23/ 2021 and S.A. No. 450/ 2021.
2. When this matter was taken up for hearing, none appeared on behalf of the petitioners.
3. The learned Government Advocate appearing for the respondents 1 to
3 would submit that since no such document is presented, the Official respondents are not in a position to pass any orders. He would further submit that in the event, any such certificate is presented for registration, the official respondents will consider and pass appropriate orders on the same.
4. In such being the case, though none appeared for the petitioners before this Court, considering the submissions made by the learned Government Advocate appearing for the respondents 1 to 3, there will be a direction to the official respondents to consider the cancellation of sale certificate dated 18.12.2021 for registration, if any presented by the petitioners, and pass appropriate orders in accordance with law.
5. This Writ Petition is disposed of with the above terms. No costs.
