K K THIRUMURUGAN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus to direct the respondents to accept the value of the sale certificate dated 28.10.2010 issued in favour of the petitioner presented on 4.11.2010 and register the document and return the same with respect to property comprised in S.No.166/3B3 part in plot No.16 to 23 of PMD Nagar admeasuring 18,349 sq.ft of land with structures constructed thereon in 122, Kovilambakkam village, Vadakkupatti Road, Saidapet Taluk now Sholinganallur Taluk, Kancheepuram District.

(2.) THE petitioner K.K.Thirumurugan, by participating in a public auction held on 11.6.2009, was declared as the highest bidder for the amount of Rs.1,76,40,000/-. After he was declared as the highest bidder, he has paid 25% of the bid amount, which comes to Rs.44,10,000/- on 11.6.2010 itself. In the meanwhile, it was contended by the learned counsel for the petitioner that a writ petition was filed by the borrower challenging the invocation of the SARFAESI Act by the Ind Bank Housing Ltd., and the same was dismissed by this Court in W.P.No.10594/2008 on 1.10.2010. In the said order a direction was given by this Court to the authorised officer of the said Ind Bank Housing Limited for collecting the balance amount from the petitioner. Accordingly, the petitioner has also paid the balance bid amount on 23.10.2010. After the payment of the entire amount by the petitioner, the authorised officer also issued a Sale Certificate on 28.10.2010. THEreafter, the said Sale certificate was presented before the second respondent for registration of the document with necessary stamp duty, namely, Rs.14,11,200/- besides registration charges of a sum of Rs.1,76,400/- on 14.11.2010. THE second respondent without registering the document presented by the petitioner kept it as pending Document No.360/2010 and declined to register the same and also refused to release the document on the ground that the value of the property is less than the market value. THE petitioner has made a representation on 01.12.2010 requesting the third respondent to register and release the document. But there was no response. THErefore, the petitioner filed the present writ petition.

(3.) THE Hon'ble Apex Court in the V.N.Devadoss's case has occasioned to consider the similar issued as follows: