Thilagavathy v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Thilagavathy .. Petitioner

Versus

1.The Sub Registrar Office of the Sub-Registrar Office East Tambaram Tambaram, Chennai 2.The Joint Commissioner of Police Central Crime Branch No.132, Commissioner Office Building EVK Sampath Road, Vepery Chennai - 600 007 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of first respondent relating to the checkslip dated 22.11.2019 as illegal and quash the same and consequently issue suitable direction, directing the 1st respondent to register the settlement deed dated 21.11.2019 in respect of Survey No.379/1 measuring an extent of 41 cents situated at Nedunkundram Village, Kancheepuram District and release the same to the petitioner. For Petitioners : Mr.R.Chittibabu For Respondent : Mr.J.Ravindran, AAG assisted by Mr.Yogesh Kannadasan Special Government Pleader 1/4

ORDER

Challenge has been made to the refusal check-slip issued by the first respondent in registering the settlement deed dated 21.11.2019.

2. Heard both sides and perused the materials placed on record. 3.By consent of both parties, this writ petition is taken up for final disposal.

4. It is the case of the writ petitioner that he presented a settlement deed dated 21.11.2019 for registration, however, the same was refused to be registered on the ground that since CCB Cr.No.4709 of 2018 is pending and further directed the petitioner to produce encumbrance certificate and NOC from the second respondent.

5. The learned counsel for the petitioner submitted that second respondent has already given no objection and the same will be produced before the registering authorities. Similarly, they will also produce the encumbrance certificate.

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6. Accordingly, the impugned refusal checkslip dated 22.11.2019 is set aside. If the above documents are produced before the first respondent, the first respondent respondent is directed to register the settlement deed dated 22.11.2019 within a period of 15 days from the date of receipt of a copy of this Order.

7. In view of the above, this writ petition stands allowed. No costs. 26.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Sub Registrar Office of the Sub-Registrar Office East Tambaram Tambaram, Chennai 2.The Joint Commissioner of Police Central Crime Branch No.132, Commissioner Office Building EVK Sampath Road, Vepery Chennai - 600 007 3/4

N. SATHISH KUMAR , J.

dhk W.P.No.2401 of 2020 26.04.2024 4/4