D.Venkatesan v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4353 of 2025 Mr.D.Venkatesan ... Petitioner Vs.

1.The Inspector General of Registration, Office of I.G.Registration, Santhome, Chennai 4.

2.The Sub Registrar, Office of the Sub Registrar, Konnur SRO, Ambattur Chennai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to refusal Slip No.RFL/Konnur/3 of 2025 dated 25.01.2025 issued by the second respondent and quash the same, consequently to direct the second respondent to register the Release deed dated 25.01.2025 on the file of the second respondent within time frame fixed by this court.

For Petitioner : Mr.S.Pugaleanthi For Respondents : Mr.M.Shajahan Special Government Pleader 1/4

O R D E R

This writ petition has been filed challenging the refusal Check Slip dated 25.01.2025 issued by the 2nd respondent and for a consequential direction to the 2nd respondent to register the Release Deed dated 25.01.2025. 2.Heard Mr.S.Pugaleanthi, learned counsel appearing on behalf of the petitioner and Mr.M.Shajahan, learned Special Government Pleader appearing on behalf of the respondents.

3.The sisters of the petitioner wanted to release their share in the property in favour of the petitioner. Accordingly, a Release Deed dated 25.01.2025 was executed and it was presented for registration before the 2nd respondent. The 2nd respondent has refused to register the document on the ground that there is no mention about the title document in the Release Deed and that apart, no Encumbrance Certificate has been produced from the year 1959 onwards. 4.On carefully reading the affidavit filed in support of the writ petition, the petitioner has taken a very specific stand at Paragraph 11 that all the original 2/4

documents are available along with revenue records and in spite of the same, the 2nd respondent has refused to register the document. 5.Considering the specific stand taken by the petitioner and also considering the fact that the sisters wanted to release their share in the property in favour of the brother, there shall be a direction to the 2nd respondent to register the document, if it is otherwise in order.

6.This writ petition is allowed with the above directions. No Costs. 14.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Inspector General of Registration, Office of I.G.Registration, Santhome, Chennai 4.

2.The Sub Registrar, Office of the Sub Registrar, Konnur SRO, Ambattur Chennai.

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N. ANAND VENKATESH, J.

ssr W.P.No.4353 of 2025 14.02.2025 4/4