S.N.Varadharajan @ v. The Inspector Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.Nos.2701, 2702, 2703 & 2704 of 2025 S.N.Varadharajan @ Salai Varadharajan
...Petitioner in
all W.P.'s Vs 1.The Inspector General of Registration, 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
2.The Sub-Registrar, Office of Sub-Registrar, Ramakrishnaraju Pettai
...Respondents in
all W.P.'s PRAYER in W.P.No.2390 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarifed Mandamus, to call for the records of impugned order passed by the 2nd respondent vide RFL/Ramakrishnaraju Pettai/6/2025 dated 08.01.2025 and quash the same as illegal, arbitrary and non-est in law and consequently direct the 2nd respondent to register the settlement deed dated 26.12.2024 and release the same to the petitioner within the time stipulated by this court.
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PRAYER in W.P.No.2391 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarifed Mandamus, to call for the records of impugned order passed by the 2nd respondent vide RFL/Ramakrishnaraju Pettai/8/2025 dated 08.01.2025 and quash the same as illegal, arbitrary and non-est in law and consequently direct the 2nd respondent to register the settlement deed dated 08.01.2025 and release the same to the petitioner within the time stipulated by this court.
PRAYER in W.P.No.2392 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarifed Mandamus, to call for the records of impugned order passed by the 2nd respondent vide RFL/Ramakrishnaraju Pettai/7/2025 dated 08.01.2025 and quash the same as illegal, arbitrary and non-est in law and consequently direct the 2nd respondent to register the settlement deed dated 26.12.2024 and release the same to the petitioner within the time stipulated by this court.
PRAYER in W.P.No.2394 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarifed Mandamus, to call for the records of impugned order passed by the 2nd respondent vide RFL/Ramakrishnaraju Pettai/5/2025 dated 08.01.2025 and quash the same as illegal, arbitrary and non-est in law and consequently direct the 2nd respondent to register the settlement deed dated 08.01.2025 and release the same to the petitioner within the time stipulated by this court.
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In all W.P.'s:- For Petitioner : Mr.M.Nandhakumar For Respondents : M/s.C.Meera Arumugam Additional Government Pleader (For R1 & R2 )
ORDER
The Writ petitions had been filed to quash the impugned orders passed by the second respondent and to direct the 2nd respondent to register the settlement deeds dated 08.01.2025 and 26.12.2024 and release the same to the petitioner within the time stipulated by this court. 2.The contention of the learned counsel for the petitioner is that petitioner had purchased the property in S.No.69/2 measuring an extent of 4.96 acres, situated in Venugopalapuram Village, R.K.Pettai Taluk, Thiruvallur District, vide registered sale deed document No.2539 of 2007 dated 19.11.2007. Ever since the purchase petitioner was in absolute possession and enjoyment of the property. It is further submitted that on 26.12.2024, petitioner has decided to settle a portion of subject property in favour of his wife. Therefore, the petitioner presented the settlement deed before the second respondent. However, the registering authority had passed impugned refusal check slip. Aggrieved, the petitioner is before this Court.
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3.Heard the learned counsels on either side and perused the records. M/s.C.Meera Arumuga, the learned Additional Government Pleader takes notice on behalf of respondents 1 and 2. 4.The reason for the refusal is that the property which is the subject matter of the settlement deed is an unapproved layout. However, this contention of the respondent cannot be sustained. Since, the property that is sold is an extent of 49 1⁄2 cents and the nature of the property is agricultural property. There is nothing to show that the property has been plotted out into house sites and being sold just because the neighbouring lands have been converted into house sites. The respondents cannot presume that the property that is now sold is a house site. More particularly, when the description of the property would speak otherwise. 5.
Accordingly, the Writ Petitions are allowed. The impugned refusal check slips in RFL/Ramakrishnaraju Pettai/6/2025 dated 08.01.2025, RFL/Ramakrishnaraju Pettai/8/2025 dated 08.01.2025, RFL/Ramakrishnaraju Pettai/7/2025 dated 08.01.2025, RFL/Ramakrishnaraju Pettai/5/2025 dated 08.01.2025 issued by the respondent is quashed.
settlement deeds dated 26.12.2024 and 08.01.2025, within a period of 2 months from the date of its representation by the petitioner. No costs. Consequently, connected miscellaneous petitions are closed. 30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Inspector General of Registration, 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
2.The Sub-Registrar, Office of Sub-Registrar, Ramakrishnaraju Pettai 5/6
P.T.ASHA , J, ep W.M.P.Nos.2701, 2702, 2703 & 2704 of 2025 30.01.2025 6/6