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Madras High CourtWMP/5280/2025dismissed

M/S.Lakshaya Manamakil Mandram v. The District Registrar

2025-04-23Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice C.Kumarappan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE DR JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN AND WMP NO. 5281 OF 2025,WMP NO. 5547 OF 2023,WMP NO. 7117 OF 2023,WP NO. 5524 OF 2023

1. M/s.Lakshaya Manamakil Mandram Society registered under Societies Act Vide Reg. No.17 of 2003, Rep. by its Treasurer Mr.R.Chandrasekaran, No.6/11, Sudha Villa, First Floor, Nattu Subbrayan Street, Mylapore, Chennai600 004.

Petitioner(s) Vs

1. The District Registrar Chennai Central, No.268, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

2.The Joint Sub-Registrar II District Registrar Cadre, Thousand Lights, Chennai Central, Chennai.

3.K.Ravi

S/o.D.M.Kothandan, Door No. 199, Nehru Bazaar, Avadi, Chennai 600 054.

4.Cholamandalam Investment And Finance Company Ltd Dare House No.2, Nsc Bose Road, Parrys, Chennai-600 001 Rep By Its Senior Manager(legal )and Authorised Singatory K.Thiyagarajan Respondent(s) WMP No. 5281 of 2025

1. M/s.Lakshaya Manamakil Mandram Society registered under Societies Act Vide Reg. No.17 of 2003, Rep. by its Treasurer Mr.R.Chandrasekaran, No.6/11, Sudha Villa, First Floor, Nattu Subbrayan Street, Mylapore, Chennai600 004.

Petitioner(s) Vs

1. The District Registrar Chennai Central, No.268, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

2.The Joint Sub-Registrar II District Registrar Cadre, Thousand Lights, Chennai Central, Chennai.

3.K.Ravi S/o.D.M.Kothandan, Door No. 199, Nehru Bazaar, Avadi, Chennai 600 054.

4.Cholamandalam Investment And Finance Company Ltd Dare House No.2, Nsc Bose Road, Parrys, Chennai-600 001 Rep By Its Senior Manager(legal )and Authorised Singatory K.Thiyagarajan Respondent(s) WMP No. 5547 of 2023

1. M.Nila New No.22, Old No.13/2, Nagarjuna Nagar 2nd Street, Kodambakkam, Chennai-600 024.

Petitioner(s) Vs

1. The State of Tamil Nadu Rep. by its Chief Secretary, Fort St.George, Chennai-600 009.

2.Department of Commercial Taxes and Registration Rep. by its Secretary, Fort St.George, Chennai-600 009.

3.The Inspector General of Registration Santhome High Road, Santhome, Chennai-600 028.

Respondent(s) WMP No. 7117 of 2023

1. M/s.Lakshaya Manamakil Mandram Society registered under Societies Act Vide Reg. No.17 of 2003, Rep. by its

Treasurer Mr.R.Chandrasekaran, No.6/11, Sudha Villa, First Floor, Nattu Subbrayan Street, Mylapore, Chennai600 004.

Petitioner(s) Vs

1. The District Registrar Chennai Central, No.268, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

2.The Joint Sub-Registrar II District Registrar Cadre, Thousand Lights, Chennai Central, Chennai.

3.K.Ravi S/o.D.M.Kothandan, Door No. 199, Nehru Bazaar, Avadi, Chennai 600 054.

Respondent(s) WP No. 5524 of 2023

1. M.Nila New No.22, Old No.13/2, Nagarjuna Nagar 2nd Street, Kodambakkam, Chennai-600 024.

Petitioner(s) Vs

1. The State of Tamil Nadu Rep. by its Chief Secretary, Fort St.George, Chennai-600 009.

2.Department of Commercial Taxes and

Registration Rep. by its Secretary, Fort St.George, Chennai-600 009.

3.The Inspector General of Registration Santhome High Road, Santhome, Chennai-600 028.

Respondent(s) PRAYER to implead the proposed 4th respondent as a 4th Respondent in the main writ petition WMP No. 5281 of 2025 PRAYER to stay the operation of order dated 14.12.2023 passed by Learned Chief Metropolitan Magistrate Court, chennai, in Crl.M.P.No.50326 of 2023 and all proceedings in pursuance to the said order , pending disposal the above W.P.No.7038 of 2023 WMP No. 5547 of 2023 PRAYER to grant an order of interim stay on the operation of the Impugned Rule 55-A and Rule 162 of The Tamil Nadu Registration Rules that have been issued by the 2nd respondent vide G.O. Ms. No. 129 dated 05.09.2022 and published in the Tamil Nadu Government Gazette on 05.09.2022 pending disposal of the Writ Petition WMP No. 7117 of 2023 PRAYER to grant an interim direction directing the 1st and 2nd respondents to register the Renewal of Lease Deed dated 20.02.2023 entered between the petitioner and the 3rd respondent pending disposal of the above Writ Petition

WP No. 5524 of 2023 PRAYER declaring Rule 55-A and Rule 162 of The Tamil Nadu Registration Rules that have been issued by the 2nd respondent vide G.O. Ms. No. 129 dated 05.09.2022 and published in the Tamil Nadu Government Gazette on 05.09.2022 as unconstitutional, ultra vires the provisions of the Registration Act, 1908 and in contravention of the provisions of the Transfer of Property Act, 1882 and, consequently quash Circular No. 22482 / C1 / 2022 dated 02.02.2023 issued by the 3rd respondent For Petitioner(s):

Mr. C.Senapathi For Respondent(s):

Mr.K.Karthik Jagannath, Govt.

Advocate For Rr 1 and 2.

COMMON ORDER (Order of the Court was made by Dr.ANITA SUMANTH,J.) Mr.C.Senapathi, learned counsel for the petitioner makes an endorsement to the effect that the petitioner does not wish to press WMP Nos.5280 and 5281 of 2025 seeking to implead the proposed respondent as R4 and stay of operation of order dated 14.12.2023 respectively and hence the same may be dismissed as not pressed.

2. Recording the endorsement made, WMP Nos.5280 and 5281 of 2025 are dismissed as not pressed.

3. List the Writ Petitions on 13.06.2025. Counters in the Writ Petitions

by then with a copy served in advance upon the other side. Registry is directed to print the name of R1 and R2 in the cause list. [A.S.M.,J] [C.K.,J] 23.04.2025 sl WMP Nos. 5280 & 5281 of 2025 To 1.The District Registrar Chennai Central, No.268, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

2.The Joint Sub-Registrar II District Registrar Cadre, Thousand Lights, Chennai Central, Chennai.

3.K.Ravi S/o.D.M.Kothandan, Door No. 199, Nehru Bazaar, Avadi, Chennai 600 054.

4.Cholamandalam Investment And Finance Company Ltd Dare House No.2, Nsc Bose Road, Parrys, Chennai-600 001 Rep By Its Senior Manager(legal )and Authorised Singatory K.Thiyagarajan WMP No. 5547 of 2023 To

1.The State of Tamil Nadu Rep. by its Chief Secretary, Fort St.George, Chennai-600 009.

2.Department of Commercial Taxes and Registration Rep. by its Secretary, Fort St.George, Chennai-600 009.

3.The Inspector General of Registration Santhome High Road, Santhome, Chennai-600 028.

WMP No. 7117 of 2023 To 1.The District Registrar Chennai Central, No.268, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

2.The Joint Sub-Registrar II District Registrar Cadre, Thousand Lights, Chennai Central, Chennai.

3.K.Ravi S/o.D.M.Kothandan, Door No. 199, Nehru Bazaar, Avadi, Chennai 600 054.

WP No. 5524 of 2023 To 1.The State of Tamil Nadu Rep. by its Chief Secretary, Fort St.George, Chennai-600 009.

2.Department of Commercial Taxes and Registration Rep. by its Secretary, Fort St.George, Chennai-600 009.

3.The Inspector General of Registration Santhome High Road, Santhome, Chennai-600 028.

ANITA SUMANTH J.

AND C.KUMARAPPAN J.

sl AND WMP NO. 5281 OF 2025,WMP NO. 5547 OF 2023,WMP NO. 7117 OF 2023,WP NO. 5524 OF 23-04-2025