High Court · 2025

W.P.(MD)No.2539 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P.(MD)No.2539 of 2025Sivaguru ... Petitioner/Vs./1. The Sub-Registrar O/o, District Registrar Office, 11, Palace Road, Madurai.2. The Deputy Superintendent of Police, (EOW), Office of Commissioner of Police, Alagar Kovil Main Road, K.Pudur, Madurai,... RespondentsP RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned refusal slip issued by the 1st respondent herein vide proceedings reference RFL/1 Joint Sub Registrar, Madurai South/6/2025 dated 27.01.2025 and quash the same and consequently direct the 1st respondent herein to register the sale deed released the same within the stipulated time period that may be fixed by this Court.For Petitioner : Mr.Niranjan S.Kumar For Respondents: Mr.S.P.Maharajan Special Government Pleader for R11/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2539 of 2025: Mrs.M.Aasha Government Advocate (Crl.side) for R2: Mr.Henri Tiphague for Defacto complainant: Mr.R.Anandharaj for Mr.Arumugam for victim: Mr.R.Karunanidhi for Mr.R.Karthikeyan for victim ORDERThis writ petition has been filed challenging the refusal check slip issued by the first respondent dated 27.01.2025, thereby refused to register the sale deed, which was presented by the petitioner in respect of the subject property, on the ground that objection raised by the second respondent, in pursuant to the F.I.R in Crime No.6 of 2023, registered for the offence under Sections 420, 406, 120(b) I.P.C and Section 5 of TNPID Act. 2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2539 of 20253. The subject property belonged to “Shanthi Multi Speciality Hospital Private Limited” (herein after called as “company” ). It is a registered company. The company had purchased the subject property by the registered sale deed dated 20.11.2015 vide document No.7547/2015. In turn, the company intended to sell the same in favour of the petitioner and received part of sale consideration to the tune of Rs.3,90,00,000/- (Rupees Three Crores Ninety Lakhs only) and entered into an agreement for sale on 25.07.2023. The agreement for sale was presented for registration and registered vide document No.3221/2023 on the file of the first respondent. Thereafter, the company had executed a sale deed in favour of the petitioner and presented the same for registration. However, it was refused by the first respondent on the ground that there is objection raised by the second respondent, in pursuant to the registration of F.I.R in Crime No.6 of 2023, registered for the offence under Sections 420, 406, 120(b) I.P.C and Section 5 of TNPID Act.4. The second respondent alleged that the petitioner's vendor had received deposits from various persons to the tune of Rs.4,50,00,000/- 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2539 of 2025(Rupees Four Crores and Fifty Lakhs only) and cheated them. On the complaint received from the victims, the second respondent registered the F.I.R in Crime No.6 of 2023, registered for the offence under Sections 420, 406, 120(b) I.P.C and Section 5 of TNPID Act, in which the petitioner's vendor as one of the accused.5. The learned counsel for the petitioner would submit that at the time of agreement for sale, the petitioner had paid a sum of Rs.3,90,00,000/- (Rupees Three Crores Ninety Lakhs only). Thereafter, the sale deed was executed and the petitioner agreed to settle the entire balance sale consideration in favour of credit for the development of the company for construction of building and settled other creditors.6. The learned counsel for the defacto complainant as well as the victims appeared before this Court and represented that they had deposited huge amount with the vendor of the petitioner and they were cheated by non returning of matured amount, therefore, objected the sale of the subject property.4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2539 of 20257. The learned Government Advocate (Crl.side) appearing for the second respondent would submit that in pursuant to the registration of F.I.R, the subject property is identified for attaching the same. After identifying the subject property, a proposal has been sent to the competent authority to take appropriate steps to attach the subject property. There are several victims and had deposited nearly about Rupees Seven Crores. Therefore, if the accused is permitted to sell the property, they could not be able to release the deposit amount, which were deposited by the victims, under the TNPID Act. There is a procedure initially to attach the property belongs to the accused and the said attachment has to be made absolute by the concerned Court, only thereafter, the said property can be brought for auction sale, to release the amount to be disbursed in favour of the victims. Therefore, the petitioner may be allowed to purchase the property on condition that the remaining sale consideration to be deposited to the credit of Crime No.6 of 2023.5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2539 of 20258. The learned counsel for the petitioner also agreed for the same and the petitioner is ready and willing to deposit the balance sale consideration to the tune of Rs.6,20,00,000/- (Rupees Six Crores Twenty Lakhs only) to the credit of the crime number, in order to settle the same in favour of the victims.9. In view of the above, the impugned refusal check slip cannot be sustained and the same is liable to be quashed, accordingly, quashed. The petitioner shall deposit the balance sale consideration to the tune of Rs.6,20,00,000/- (Rupees Six Crores Twenty Lakhs only) to the credit of Crime No.6 of 2023 on the file of the Special Court, TNPID Court, Madurai and on production of deposit receipt and on presentation of sale deed for registration along with deposit receipt, the first respondent is directed to register and release the same forthwith, if it is otherwise in order. 10. It is made clear that the deposited amount to be disbursed, on verification of all documents by the competent authority under the 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2539 of 2025TNPID Act and in accordance with law to the victims. After registration of sale deed in favour of the petitioner, the second respondent or any other victims shall not interfere with the subject property purchased by the petitioner.11. With the above observation, this Writ Petition stands allowed. No costs. 29.01.2025Index :Yes / No NCC :Yes / NoLSNote: Issue order copy on 30.01.2025TO:-1. The Sub-Registrar O/o, District Registrar Office, 11, Palace Road, Madurai.2. The Deputy Superintendent of Police, (EOW), Office of Commissioner of Police, Alagar Kovil Main Road, K.Pudur, Madurai.7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2539 of 2025G.K.ILANTHIRAIYAN , J. LSOrder made inW.P.(MD)No.2539 of 2025Dated:29.01.20258/8