Mannur Properties Private Limited v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Mannur Properties Private Limited, Registered office at 5th Floor, Poly House Towers, SPIC Annex, No.88, Mount Road, Guindy, Chennai - 600 032.

Rep. by its Authorized Signatory.

... Petitioner Vs.

1. The Inspector General of Registration, Santome, Chennai - 600 006.

2. The Sub-Registrar of Assurance, Sriperumbudur, Kanchipuram District - 602 105.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent and hand over the original registered Sale Deed dated 28.09.2017 pertaining to Survey Nos.99/2B (12 Cents) and 106/1 (6 Cents), at Mannur Village and grant any other relief that this Hon'ble Court deems fit and appropriate. For Petitioner : Mr.R.Murali

For Respondents : Mr.U.Baranidharan, Special Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the second respondent to register the sale deed dated 28.09.2017 and to release the document within the time frame fixed by this court.

2. Heard Mr.R.Murali, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is that they had purchased the immovable properties from E.Nageshwaran and seven others under a registered sale deed dated 28.09.2017. When the sale deed was presented for registration before the second respondent after paying the necessary stamp duty and registration fees, it was not registered and it was kept as a pending document in P246 of 2017 for verification. Thereafter, the petitioner made various representations and the same did not evoke any

response. It is under these circumstances, the present writ petition came to be filed before this court.

4. When the matter came up for hearing on 17.02.2025, this court directed the learned Special Government Pleader to take instructions from the second respondent as to whether the document is kept pending till date. When the matter was taken up for hearing today, it was informed to this court that the document has been kept pending till today on the ground that the title is being traced through a oral partition and there is no document to substantiate the same.

5. In the considered view of this court, the second respondent ought not to have kept the document as a pending document from the year 2017. Either the clarification must be sought for and the document must be registered or if the second respondent is not inclined to register the document, he must issue a refusal check slip by assigning the reasons. The second respondent cannot hold the document from the year 2017 without assigning any reasons.

6. In view of the above, there shall be a direction to the second respondent to deal with the sale deed dated 28.09.2017 that has been presented for registration and register the same, if it is otherwise in order. If for any reason, the second respondent is not inclined to register, then a refusal check slip has to issued by giving proper reasons. This process shall be completed within a period of one week from the date of receipt of a copy of this order.

7. This writ petition is disposed of with the above directions. No costs.

24.02.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Inspector General of Registration, Santome, Chennai - 600 006.

2. The Sub-Registrar of Assurance, Sriperumbudur,

Kanchipuram District - 602 105.

N. ANAND VENKATESH, J.

skr 24.02.2025