2025 (7) TMI 1256

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..... Justice C. Saravanan For the Petitioner in both W.Ps. : Ms. A. Lakshmi for M/S. Polax Legal Solutions For the R1 in both W.Ps. : Mr. R. Suresh Kumar Additional Government Pleader For the R2 in both W.Ps. : Mr. D. Sasikumar Additional Government Pleader COMMON ORDER Mr.R.Suresh Kumar, learned Additional Government Pleader takes notice for the first respondent and Mr.D.Sasikumar, le....

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....bmitted that the impugned communication seeking to register a charge and to create an encumbrance over the property is arbitrary and is therefore, liable to be quashed. 5. In this connection, the learned counsel for the petitioner has drawn attention to the decision of this Court rendered on 19.04.2023 in W.P.No.12134 of 2014 (M.Karpagam Vs. The Assistant Commissioner of Commercial Taxes, Coimb....

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.... voidable in terms of Section 53 of the Transfer of Property Act, 1882, which reads as under:- "53. Fraudulent transfer:- (1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed. Nothing in this sub-section shall impair the rights of a transferee in good fa....

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....on only that a subsequent transfer for consideration was made." 8. Therefore, liberty is given to the Commercial Tax Department to cancel the sale deed, dated 26.10.2016 as null and void and not binding on it. It is equally open for the petitioner to take the defense that the petitioner is a bona fide purchaser. 9. It is made clear that in case, no steps are taken by the Commercial Tax Depar....