N.Purushothaman v. The Inspector General Of Registration

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. N.Purushothaman Petitioner(s) Vs

1. The Inspector General of Registration 100, Santhome High Road, Chennai 600 028.

2.The Joint I Sub Registrar The Office Of Sub Registrar, Kanchepuram District 3.The Deputy Superintendent Of Police Economic Offence Wing, Ashok Nagar Chennai 600 083 Respondent(s) 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 pertaining to the impugned order passed by the 2nd respondent vide RFL/Joint-I Sub

2/6 Registrar, Kancheepuram/2/2025 dated 27.01.2025 and quash the same as illegal, arbitrary and non est in law and consequently, direct the 2nd respondent to register and release the sale deed dated 27.01.2025 within the time stipulated by this Court.

For Petitioner(s):

S.Santosh For Respondent(s):

Mr.B.Vijay Additional Government Pleader for R1 & R2 Mr.V.J.Priyadarsana, Government Advocate for R3

ORDER

This writ petition has been filed challenging the impugned refusal Check Slip issued by the 2 nd respondent dated 27.01.2025 and for a consequential direction to the 2 nd respondent to register and release the Sale Deed dated 27.01.2025.

2.Heard Mr.SSanthosh, learned counsel appearing on behalf of the petitioner, Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of respondents 1 and 2 and Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) appearing on behalf of the 3 rd respondent.

3/6 3.The 2 nd respondent has refused to register the Sale Deed only on the ground that he has received a communication from the 3 rd respondent to the effect that there is a criminal case pending investigation in Crime No.16 of 2022 before the Economic Offences Wing. The above issue is squarely covered by the earlier order passed by this Court in R.Madhupriya and Another vs. Inspector General of Registration and Another reported in 2020 SCC Online Mad 20112. This Court held that the Sub Registrar cannot refuse to register the documents merely based on the letters issued by the police unless a proper order of attachment is obtained from the competent authority under the relevant enactment.

4.In the light of the above discussion, the impugned refusal Check Slip issued by the 2 nd respondent dated 27.01.2025, is hereby quashed and there shall be a direction to the 2 nd respondent to register the Sale Deed dated 27.01.2025, if it is otherwise in order.

4/6 5.In the result, this writ petition stands allowed with the above directions. No Costs.

11-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The Inspector General of Registration 100, Santhome High Road, Chennai 600 028.

2.The Joint I Sub Registrar The Office Of Sub Registrar, Kanchepuram District 3.The Deputy Superintendent Of Police Economic Offence Wing, Ashok Nagar Chennai 600 083

6/6 N.ANAND VENKATESH J.

ssr 11-03-2025