S.Naresh v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3918 of 2025 S.Naresh ..Petitioner Vs.
1. The Inspector General of Registration, O/o. The Inspector General of Registration, Santhome High Road, Chennai 600 028
2. The District Registrar (administration) O/o. The District Registrar, Chengalpattu
3. The No.2 Joint Sub Registrar, Office of the Joint Sub Registrar, Chengalpattu .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records from the 3rd respondent pertaining to the order of Refusal Check Slip dated 25/01/2025 of the 3rd Respondent and to quash the same and directing the 3rd Respondent herein to register the petitioners Settlement Deed Dated 25/01/2025 setting his Nanja (1) Lands measuring 35 cents, comprised in Survey No.320 /1, (2) Lands 1/5
measuring 6 cents, comprised in Survey No.320/2, (3) Lands measuring 20 cents, comprised in Survey No.320 /3, (4) Lands measuring 52 cents, comprised in Survey No.320/6 and (5) Lands measuring 35 cents, comprised in Survey No.325 /3, totaling in all 1 Acre 45 cents situated in Attur A Block Villate, Chengalpattu Taluk and District in favour of his own sister Tmt. R.Anitha. For Petitioner : Mr.T.Dhanasekaran For Respondents : Mr.M.R.Gokulakrishnan Additional Government Pleader
O R D E R
This writ petition has been filed challenging the refusal check slip issued by the 3rd respondent dated 25.01.2025 and for a consequential direction to the 3rd respondent to register the settlement deed dated 25.01.2025 wherein the petitioner is settling the subject property in favour of his sister. 2.
Heard Mr.T.Dhanasekaran, learned counsel for the petitioner and Mr.M.R.Gokulakrishnan, learned Additional Government Pleader for respondents 1 to 3.
3.
The refusal check slip has been issued on the ground that the original title document was not produced at the time of registration. The 2/5
petitioner has stated in Paragraph 3 of the affidavit filed in support of the writ petition that the original title document was lost and he was not able to trace this document. The said reason assigned in the affidavit can be added as one of the clause in the settlement deed itself. This is in view of the fact that the property is going to be dealt within the family members. Once such clause is inserted in the settlement deed, the same shall be received and registered by the 3rd respondent, if it is otherwise in order.
4.
In the result, this writ petition is allowed with the above directions. No costs.
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To
1. The Inspector General of Registration, O/o. The Inspector General of Registration, Santhome High Road, Chennai 600 028
2. The District Registrar (administration) O/o. The District Registrar, Chengalpattu
3. The No.2 Joint Sub Registrar, Office of the Joint Sub Registrar, Chengalpattu 4/5
N. ANAND VENKATESH, J.
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