C.P.K.Parvathy v. The Princiapl Secretary to Government

ORDER This writ petition has been filed to direct the 4th respondent to register the rectification deed dated 02.07.2024.

¶2The learned counsel for the petitioner would submit that in this case, the subject property was already sold to the petitioner. In this regard, a sale certificate dated 18.03.2019 was also issued. Without considering the same, the discharge deed was issued by the 6th respondent in favour of 7th respondent on

15.10.2020, by erroneously including the said subject property as item No.3 therein. To rectify the said error, a rectification deed dated 02.07.2024 was executed by the 6th respondent and the same was produced before the 4th respondent for the purpose of registration.

¶3Further, he would submit that according to the respondent, the discharge deed, against which the rectification deed is made, was issued by the Bank by including the Temple property at Item No.1. Citing the same, the 4th respondent has refused to register the rectification deed vide refusal check slip dated 02.07.2024. According to the petitioner, the petitioner's rectification deed has nothing to do with the said Temple Property, however,the said aspect was not at all considered by the respondent. Hence, he requests this Court to pass appropriate orders.

¶4In reply, the learned counsel for the respondents would submit that the respondents will consider the petitioner's request and register the deed after issuing due notice to the parties.

¶5Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

¶6In the case on hand, there is no dispute on the aspect that the property mentioned at Item No.3 was purchased by the petitioner through Public Auction. In this regard, the sale certificate was also issued on 18.03.2020 and it was registered.

¶7For the remaining items, viz., Item Nos.1, 2 & 4, no sale was confirmed. Under these circumstances, the entire amount was paid by the borrower-7th respondent and hence, the discharge deed was executed on

15.03.2020. While executing the said discharge deed, the 6th respondent had erroneously included the Item No.3, which was already purchased by the petitioner. When this aspect was brought to the knowledge of 6th respondent, they had executed a rectification deed to exclude the Item No.3 from the said discharge deed. However, the respondent had refused to register the said rectification deed citing the reason that the discharge deed, against which the rectification deed is made, was issued by the 6th respondent-Bank by including the Temple property at Item No.1.

¶8However, as rightly contended by the petitioner, it is clear that by virtue of registering the discharge certificate, the interest of the Temple will not get affected in any way. Further, not only the petitioner but also the Bank is coming forward to register the rectification deed. When such being the case, this Court does not find any impediment to register the rectification deed executed by the 6th respondent.

¶9Therefore, this Court directs the respondents to register the rectification deed of the petitioner within a period of 12 weeks from the date of receipt of a copy of this order.

¶10With the above directions, this writ petition is disposed of. No cost.

¶11Post this matter on 04.06.2026 for reporting compliance. 02-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Princiapl Secretary To Government Government Tamil Nadu Commercial Taxes And Registration Department, Fort St. Geroge, Secretariat, Chennai-600 009.

2.The Deputy Inspector General Of Registration O/o.The Deputy Inspector General Of Registration, Collectorate Complex, Coimbatore-641 001.

3.The District Registrar, O/o.The District Registrar, Tirupur District, Neruperichal Tirupur-641 601

4.The Sub Registrar Joint Ii Sub Registrar Office, Tirupur District, Neruperichal Tirupur-641 601.

5.The Sub Registrar, Nallur, Tirupur District. KRISHNAN RAMASAMY J. nsa

02-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY C.P.K.Parvathy W/o.C.P.Kannan, No.20, Aruna Nagar, Puthur, Thiruchirapalli 620 017 Petitioner(s) Vs 1. The Princiapl Secretary To Government Government Tamil Nadu Commercial Taxes And Registration Department, Fort St. Geroge, Secretariat, Chennai-600 009. 2.The Deputy Inspector General Of Registration O/o.The Deputy Inspector General Of Registration, Collectorate Complex, Coimbatore-641 001. 3.The District Registrar, O/o.The District Registrar, Tirupur District, Neruperichal Tirupur-641 601 4.The Sub Registrar Joint Ii Sub Registrar Office, Tirupur District, Neruperichal Tirupur-641 601. 5.The Sub Registrar, Nallur, Tirupur District. 6.M/s.Asset Reconstruction Company (india) Limtied Rep. By Its Authorised Officer Irfan A S/o.Anwar Basha Cief Manager Having Branch Office Address At No.1g, 1st Floor, Century Plaza, Nos560-562 Annasalai, Teynampet, Chennai-600018. 7.N.Subramanian S/o.Nachimuthu Goudner, Manish Creations And Manish Garments, Puliyamarathottam, Kangeyam Road, Tirupur-641 604. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, Directing the 4th respondent to register the Rectification Deed dated 02.07.2024 on the file of Joint II Sub-Registrar Office pursuant to the Refusal Number RFL / Joint II Registrar, Tirupur/10/2024 dated 02.07.2024 issued by the 4th respondent For Petitioner(s): For Respondent(s): Mr.L.Mouli Mr.P.Harish, GA for R1 to 5 Mr.Manojkumar for R7 R6 No appearance