A registering authority must entertain a document for registration if the legal impediment (such as an interim order from a tribunal) that previously justified the refusal has been vacated, provided no other legal obstacles remain.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire record pertaining to the Impugned Refusal Check Slip proceedings of the 2nd respondent dated 17.03.2023 and quash the same as illegal and consequently direct the 2nd respondent to accept and registered the sale certificate of the petitioner dated 17.03.2023 in respect of property in Sy.No.195/2B and 195/6A1in Kayalpattinam Southern Village, Kayalpattinam SRO, Thoothukudi District.

For Petitioner : Mr P.M. Vishnuvarthanan

For Respondents : Mr.G.Mohan Kumar (R1 & R2)

Additional Government Pleader : Mr.R.Manoj Kumar (R3 & R4)

O R D E R

(Order of the Court was made by M.DHANDAPANI, J.)

This Writ Petition has been filed challenging the refusal check slip of the second respondent dated 17.03.2023 and consequently, to direct the second respondent to accept and register the sale certificate of the petitioner dated 17.03.2023 in respect of property in Sy.No.195/2B and 195/6A1 in Kayalpattinam Southern Village, Kayalpattinam SRO, Thoothukudi District.

2. The learned counsel appearing for the petitioner would submit that the petitioner participated in the public auction conducted by the third and fourth respondents pursuant to the sale notice dated 03.01.2023. The auction was conducted on 25.01.2023 and the petitioner was declared as the successful bidder in respect of Item No.3 of the sale notice. Accordingly, the petitioner paid a sum of Rs.63,01,000/- to the third and fourth respondents and a sale certificate was also issued in favour of the petitioner on 03.03.2023. Thereafter, the petitioner presented the sale certificate for registration before the second respondent. However, the second respondent refused to entertain the document on the ground that an interim order had been passed by the Debts Recovery Tribunal in I.A.Nos. 106 and 107 of 2023 in S.A.No.24 of 2023. Challenging the same, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would further submit that, subsequently, the interim order passed by the Debts Recovery Tribunal was vacated, on the ground that the condition imposed therein had not been complied with.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that, in view of the interim order granted by the Debts Recovery Tribunal in I.A.Nos.106 and 107 of 2023 in S.A.No.24 of 2023. the second respondent had refused to entertain the document. However, since the said interim order has subsequently been vacated, if there is no other legal impediment, the document presented by the petitioner would be entertained and appropriate orders would be passed in accordance with law.

5. Recording the above submission, this writ petition is disposed of with a direction to the second respondent to entertain the document presented by the petitioner and proceed with the registration, if there is no other legal impediment. No costs. Consequently, connected miscellaneous petition is closed.