J.Vijaylakshmi v. The District Registrar Of Registration (North Madras)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Vijayalakshmi W/o.Jayabalan ... Petitioner Vs.

1. The District Registrar of Registration (North Madras) North Chennai - District Registrar Office Kuralagam, Chennai - 600 001.

2. Sub-Registrar of Registration, Register office, Royapuram, Chennai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus to calling upon the record in relation to the Refusal Slip Number RFL/Royapuram/47/2024 dated 26.02.2024 on the file of the second respondent to register my property as per the decree in O.S.No.796/2020 dated 05.08.2022 passed by the XVI Additional City Civil Court, Chennai.

For Petitioner : Mr.J.Abdul Rahim For Respondents : Mr.P.Harish Government Advocate [R1 and R2] Mrs.P.T.Ramadevi [R3] ***** 1/4

O R D E R

This writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 26.02.2024 and for a consequential direction to the second respondent to register the decree obtained by the petitioner in O.S.No.796 of 2020 dated 05.08.2022 on the file of XVI Additional City Civil Court, Chennai.

2. Heard Mr.J.Abdul Rahim, learned counsel for petitioner, Mr.P.Harish, learned Government Advocate appearing for respondents 1 and 2 and Mrs.P.T.Ramadevi, learned counsel appearing for third respondent.

3. When the matter came up for hearing on 28.02.2025, this Court passed the following order:

"The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003, is suo-motu impleaded as the 3rd respondent in this writ petition.

2. Mr.P.Harish, learned Government Advocate, takes notice for respondents 1 and 2. Ms.Rama devi, learned Standing counsel takes notice for impleaded 3rd respondent.

3. The learned Standing counsel appearing for the 3rd respondent shall take instructions as to whether the property in RS No.3871/Part, New Door No.130, New Washermenpet, Mangammal Thottam, Chennai 600 081, belongs to the Corporation of Chennai.

2/4

4. The refusal check slip does not mention the reason as to why the decree that was passed in IA No.2 of 2021 in OS No.796 of 2020 was refused to be registered. However, the written instructions from the Sub-Registrar shows that survey No.3870/2 has been classified as "Corporation Private". Hence, the decree was not registered.

5. The learned Standing counsel for the 3rd respondent shall take instructions and report before this Court.

6. Post this case at the end of the motion list on 07.03.2025."

4. When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the third respondent submitted that the property in survey No.3871/part is actually a road, which belongs to the Corporation of Chennai. The petitioner is the owner of the property in one of the sub division in S.No.3871. To substantiate the submission, learned Standing Counsel also produced the extract from the Permanent Land Register and also the TSLR sketch.

5. In the light of the above submission made by the learned Standing Counsel, this Court does not find any illegality in the refusal check slip issued by the second respondent. It is for the petitioner to properly get the survey number mentioned in the decree and thereafter, present it for registration before the second respondent. 3/4

N.ANAND VENKATESH, J gm This writ petition is disposed of in the above terms. No costs. 07.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Registrar of Registration (North Madras), North Chennai - District Registrar Office, Kuralagam, Chennai - 600 001.

2. The Sub-Registrar of Registration, Register office, Royapuram, Chennai.

4/4