Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus, to call for the records pertain to registration of sale certificate date NIL bearing Document No. 3926 of 2023 on the file of the 2nd respondent in contravention of Section 23 of the Registration Act, 1908 and to quash the same.

(PRAYER AMENDED AS PER ORDER DATED 26.06.2024 IN WMP.18585/2024 IN WP.6435/2024 BY NSKJ)

For Petitioner(s): Mr.R.Chandrasudan

For Respondent(s): Mr.P.Harish Government Advocate for R1 & R2

Mr.S.Kesavan for R3

R4 – Notice served – No appearance

ORDER

This writ petition has been filed challenging the registration of sale certificate date NIL bearing Document No. 3926 of 2023 on the file of the 2nd respondent in contravention of Section 23 of the Registration Act, 1908 and to quash the same.

2. The learned counsel appearing for the petitioner would submit that initially original sale certificate was issued as early as on 18.11.2017 and the same was challenged. According to the petitioner, pending challenge, a new sale certificate dated 22.11.2023 was issued and the same was registered with the Sub-Registrar. Therefore, to cancel the subsequent sale certificate, this Writ Petition was filed.

3. The learned counsel appearing for the 3rd respondent would submit that in the present case, there is no dispute on the aspect of the issuance of original sale certificate dated 18.11.2017 and the subsequent sale certificate dated 22.11.2023. As far as issuance of sale certificate dated 18.11.2017 is concerned, it was challenged before the DRT in the SARFAESI proceedings by the petitioner and the same was attained finality at the level of the Hon’ble Supreme Court. Under these circumstances, the sale certificate normally valid for the purpose of registration for four months, since the registration period was expired, new sale certificate was issued for the purpose of registration, which is within the provision of law.

4. In reply, the learned counsel for the petitioner would submit that the challenge for the original sale certificate dated 18.11.2017 is still pending.

5. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents.

6. The learned counsel appearing for the respondent would submit that challenge to the original sale certificate dated 18.11.2017 attained finality upto the level of Hon’ble Supreme Court therefore, they issued new sale certificate for the purpose of registration on 22.11.2023, since the registration period for the original certificate got expired. However, the learned counsel for the petitioner would submit that the proceedings regarding the original sale certificate dated 18.11.2017 is still pending.

7. Such being the case, if the challenge regarding the original sale certificate is pending, it is for the petitioner to approach the DRT. This Court is not inclined to go into the issue whether the subsequent sale certificate is fraudulent or not. It is open to the petitioner to approach appropriate forum

8. This Writ Petition is disposed of with the above terms. No costs. Consequently, connected miscellaneous petitions are closed.