1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.12099 of 2011 S.Jacqlin ... Petitioner Vs. The Sub Registrar, Sub Registrar's Office, Melur, Tuticorin. ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondent to register the sale certificate dated 04.08.2011 issued by the Housing Development Finance Corporation Limited in favour of the petitioner with regard to the property measuring 10 cents in Survey number 746/1A, Plot Number 26 and 27 at Meelavittan village, Tuticorin Taluk, Tuticorin District with the building standing thereon. For Petitioner : Mr.T.R.Jeyapalam For Respondent : Mr.B.Pugalendhi, Special Government Pleader. ORDER The petitioner who has purchased a property under the SARFAESI Act has come up with the above writ petition seeking a direction to the Sub Registrar to register a sale certificate issued by the Housing Development Finance Corporation Limited. 2.Heard Mr.T.R.Jeyapalam, learned counsel for the petitioner. Mr.B.Pugalendhi, learned Special Government Pleader, takes notice for the respondent. 3.The petitioner has purchased the property in question by participating in a tender floated by the HDFC Ltd., in exercise of the powers conferred upon the authorised officer under Section 13 of the SARFAESI Act, 2002. His grievance is that the sale certificate issued by the authorised officer when presented for registration is not accepted by the Registrar. 4.I have already pointed out In Re Official Liquidator reported in 2010-2-L.W.113 that irrespective of the nomenclature given to a document, whether a sale certificate or as a sale deed, the document requires registration. Therefore, the petitioner is entitled and is in fact obliged to have the document registered. This will be subject to the payment of stamp duty. The Sub Registrar cannot refuse to register the same. https://hcservices.ecourts.gov.in/hcservices/ 2 5.In view of the above, the writ petition is ordered directing the respondent to accept the sale certificate and register the same and complete all formalities subject to the payment of stamp duty under registration charges by the petitioner. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar(C.S) To The Sub Registrar, Sub Registrar's Office, Melur, Tuticorin. +1. CC to Mr.T.R.Jeyapalam, Advocate, SR.No. 36462 sms Writ Petition(MD)No.12099 of 2011 20.10.2011 TR :04.11.2011: 2p/3c https://hcservices.ecourts.gov.in/hcservices/