Maheswari v. The Inspector General (Registration)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2025
CORAM:
THE HON'BLE MR. JUSTICE N. ANAND VENKATESH W.P. No.10980 of 2025 and W.M.P.No.12386 of 2025 Maheswari Petitioner vs.
1.
The Inspector General (Registration) Government of Tamil Nadu No.120, Santhome High Road Chennai The District Registrar (South) Chennai District Registrar's Office Integrated Building Offices of the Commercial Taxes and Registration Department Nandanam Chennai 600 035 The Sub Registrar Chennai South Joint I Sub Registrar Office Chennai 600 015 The District Forest Officer Office of the Forest Department Chennai Division No.259 III Floor, DMS Complex Chokkalingam Nagar Teynampet Chennai 600 006 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the third respondent to receive and register the sale deed dated 14.12.2023 executed in favour of the petitioner Maheswari by P.S. Vigneswaran, S/o Parthasarathy in respect of the vacant land measuring an extent of 1,500 sq. ft. in "Parasuram Nagar", comprised in S.No.534/7A and 534/4A, Pallikkaranai Village,
Sholinganallur Taluk, Chennai bearing Patta No.37500 also having CMDA Planning Permission, PPA/WDCN 14/03547/2023 and Building Approval in BA/WDCN14/03784/2023 dated 05.06.2023 for registration as per the provisions of the Registration Act, 1908, and register the same in accordance with law on payment of requisite stamp duty, registration fees and other charges.
For petitioner Mr. K. Chozhan For RR 1 to 3 Mr. R. Sasikumar Government Advocate For R4 Mr. C. Selvaraj Additional Government Pleader
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to register the sale deed dated 14.12.2023 executed by one Vigneswaran in favour of the petitioner with respect to the subject property in Survey No.534/7A and 534/4A at Pallikaranai Village, Sholinganallur Taluk, Chennai. When this writ petition came up for hearing on 03.04.2025, this Court directed the learned Additional Government Pleader for the fourth respondent to take instructions since the third respondent was refusing to register the sale deed on the ground that objections have been received from the fourth respondent and therefore, the petitioner must get a No Objection Certificate from the fourth respondent.
When the matter was taken up for hearing today, learned Additional Government Pleader for the fourth respondent submitted the written instructions received from the Forest Range Officer, Pallikaranai Range, Chennai. A scanned reproduction of the relevant portion of the said written instructions is as follows:
On a careful consideration of the submissions made on either side and also the written instructions received from the fourth
respondent, it is clear that the subject property in S.No.534/7A and 534/4A of Pallikaranai Village, Sholinganallur Taluk, Chennai, is not within the notified area and therefore, it is not necessary for the petitioner to get a No Objection Certificate from the fourth respondent. 5.
In view of the above, there shall be a direction to the third respondent to register the sale deed pertaining to the subject property, if it is otherwise in order.
6.
With the above direction, this writ petition is disposed of. Connected W.M.P. stands closed. No costs.
28.04.2025 cad
To 1.
The Inspector General (Registration) Government of Tamil Nadu No.120, Santhome High Road Chennai The District Registrar (South) Chennai District Registrar's Office Integrated Building Offices of the Commercial Taxes and Registration Department Nandanam Chennai 600 035 The Sub Registrar Chennai South Joint I Sub Registrar Office Chennai 600 015 The District Forest Officer Office of the Forest Department Chennai Division No.259 III Floor, DMS Complex Chokkalingam Nagar Teynampet, Chennai 600 006
N. ANAND VENKATESH, J.
cad 28.04.2025