K E HOUSING PRIVATE LIMITED Vs. SUB-REGISTRAR

JUDGEMENT

(1.) M/S. K.E.Housing Private Limited, Rep. by its Director Mr.V.Vasantha Kumar, has filed this writ petition challenging the impugned notice dated 16.12.2016 issued by the Sub-Registrar, Thirupporur, to quash the same with consequential direction to release the Sale Deed dated 02.11.2016 executed by the petitioner and registered as Document No.P116 of 2016 within a reasonable time.

(2.) The learned counsel appearing for the petitioner submitted that the petitioner Company, which was incorporated in the year 2010 and registered under the provisions of the Companies Act, 1956, is in the real estate business for the past seven years. The petitioner Company purchased properties comprised in Old Survey Nos.168/3E1A1, 168/3E1A2, 168/3E1A3, 168/3E1A4 and present Survey No.168/16 admeasuring about 1 Acre 83 Cents and also the property in Survey No.168/3E1A2, admeasuring 3 Acres 33 Cents in all admeasuring about 5 Acres 16 Cents in Pattipullam Village, Chengalpet Taluk, Kancheepuram Distrit, falling within the Registration District of Chengalpet and Sub-Registration District of Thirupporur. The petitioner Company, after purchasing the aforementioned properties from one Mr.K.Sivaji, registered the same on 26.07.2016 which has been numbered as Document bearing No.8939 of 2016 at the office of the Sub Registrar, Thirupporur. Thereafter, the petitioner Company has decided to sell the property to one Dr.M.J.Mohan, S/o. Dr.M.V.Jayaraman. Hence, both the petitioner Company and said Dr.M.J.Mohan entered into a Sale Deed dated 011.2016 whereby, the petitioner agreed to sell the aforementioned properties to the said Dr.M.J.Mohan. Thereupon, a Sale Deed dated 011.2016 was presented before the first respondent herein for registration on 011.2016 for a total sale consideration of Rs.6,19,20,000/-. The first respondent herein/Sub Registrar, Thirupporur, on receipt of the document for registration, called upon the petitioner to pay the registration charges of Rs.6,19,350/- which was promptly paid by the petitioner and thereafter, the first respondent also issued a receipt in Receipt No.201613878 dated 011.2016 for the same and again, the petitioner was called upon to pay stamp duty of Rs.40,34,400/- towards conveyance charges which was also paid by the petitioner on the same day and for which also, the first respondent issued receipt in Receipt No.65084 on 011.2016. But after receiving the Sale Deed dated 011.2016 for registration which was numbered as pending document No.P116/2016, the first respondent has refused to release the document and directed the petitioner to get No Objection Certificate from the Commissioner, Hindu Religious and Charitable Endowment (HR & CE) Department before registering the document. The reason for issuing the impugned notice shows that the petitioner has failed to obtain No Objection Certificate from the Commissioner, HR & CE Department because the Joint Commissioner, HR & CE Department has advised the first respondent that there are some pending cases on the file of the High Court at Madras regarding the properties of Arulmigu Nayakkar Trust comprised in Survey Nos.168/3E1A1, 168/3E1A2, 168/3E1A3 and 168/3E1A4. Therefore no registration should be done to the aforementioned Survey Numbers. In view of the refusal of the Sub Registrar, Thirupporur, to release the document to the petitioner, he has come to this Court with the aforesaid prayer.

(3.) This Court has impleaded both the Commissioner of HR & CE Department as R.2 and Executive Officer of Nemmeli Alavandar Naicker Trust as R.