Godrej Properties Limited v. B.Jothi Nirmalasamy, I.A.S.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Godrej Properties Limited, A company incorporated Under the provisions of Companies Act, 1956 Having registered office at Unit No.5C, 5th Floor, Godrej One, Pirojshanagar, Vikhroli East, Mumbai - 400 079 And branch office at 3rd Floor, Sudharshan Buildings, 92/5, Chamiers Road, Nandanam Extension, Chennai - 600 018.
Represented its authorised signatory Tamil Arivu Jayaraman .. Petitioner Vs.
1.B.Jothi Nirmalasamy, IAS, Principal Secretary, Commercial Taxes and Excise Department, Fort St. George, Chennai.
2.Dinesh Ponraj Oliver, IAS, The Inspector General of Registration, 100, Santhome High Road, Mylapore, Chennai, Tamil Nadu - 600 028.
3.Ananthi, The Sub Registrar (In Charge), Poonamalle, Magistrate Court Complex, Poonamalle, Chennai.
.. Respondents 1/6
Prayer: Contempt Petition filed under section 11 of the Contempt of Courts Act, 1971, to punish the respondents for disobeying and violating the judgment dated 08.12.2020 made in W.P.No.29304 of 2019. For petitioner :
Mr.G.Vivekanand For Respondents :
Mr.Stalin Abhimanyu Additional Government Pleader
O R D E R
The Contempt Petition has been filed on the ground that the order passed by this Court on 08.12.2020 in W.P.No.29304 of 2019 was disobeyed and that the documents that are presented for registration are not entertained by the Sub Registrar.
2.When the matter came up for hearing on 05.04.2024, it was brought to the notice of this Court that writ appeals have been filed against the order passed in the writ petition in W.A.Nos.2671, 2644 & 2659 of 2023. Therefore, this contempt petition was adjourned and the Registry was directed to post the matter today. 3.When the matter was taken up for hearing today, it was brought to the notice of this Court that the matter came up for hearing before the 2/6
Hon'ble Division Bench of this Court on 08.03.2024 and the Hon'ble Division Bench of this Court passed the following order: "Adjournment is sought on behalf of the appellants.
Learned counsel for the respondent opposes the said request.
We have not granted any interim order in the matters.
As adjournment is sought on behalf of the appellants, place the matters on 26.03.2024." 4.Subsequently, when the documents were presented for registration, a refusal check slip was issued by the Sub Registrar dated 07.02.2024. These refusal check slips became a subject matter of challenge in W.P.Nos.15592 & 15635 of 2024. The matter came up for hearing before the learned single Judge on 20.06.2024 and the following order was passed:
"2.It is stated by the learned counsel appearing for the petitioners that pursuant to the oral direction of this Court, the fourth respondent has registered the documents. The learned Government Advocate appearing for 3/6
the respondents also ascertains the same.
3.The only contention of the learned counsel appearing for the petitioners is that all the home buyers have been directed to approach the court, in view of the pendency of the writ appeals in W.A.Nos.2644, 2659 and 2671 of 2023. It is made clear that as long as there is no stay granted by the appellate court, mere pendency of the writ appeals cannot be a ground to drive everyone to obtain an order from the court.
4.With the above observation, these writ petitions are disposed of. No costs.
Consequently, the connected writ miscellaneous petitions are closed."
5.In the considered view of this Court, till date the order passed in the Writ Petition has not been stayed by the Hon'ble Division Bench and in fact, the Hon'ble Division Bench while passing an order on 08.03.2024, has specifically stated that no interim orders have been granted in this matter. In view of the same, the Registration Authority cannot escape from registering the documents presented for registration. However, in order to safeguard the right of the authorities, the registration shall be made subject to the result of the pending writ appeals. Whenever the documents are presented for registration, the concerned parties should not be driven to the Court and the documents can be entertained if it is 4/6
otherwise in order and it can be registered by the Sub Registrar subject to the result of the cases pending in W.A.Nos.2761, 2644 & 2659 of 2023. 6.This contempt petition is disposed of with the above directions. 05.07.2024 krk Index : Yes / No Internet : Yes / No : Yes / No N.ANAND VENKATESH, J.
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