Rangasamy v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Rangasamy S/o.Karuppan Petitioner Vs The Sub Registrar O/o.The Sub Registrar, Punjai Puliyamppati- Post, Erode District.
Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the refusal Check Slip in RFL/ Punchaipuliyampatti/13/2025 on the file of the respondent dated 06.03.2025 and quash the same and further direct the respondent to admit and register the Memorandum of Deposit of Title Deeds dated 26.02.2025.
For Petitioner : Mr.D.Veerasekaran For Respondent : Mr.U.Baranidharan Special Government Pleader ***** 1/4
O R D E R
This writ petition has been filed challenging the refusal check slip dated 06.03.2025 issued by the respondent and for a consequential direction to the respondent to admit and register the Memorandum of Deposit of Title Deeds dated 26.02.2025.
2. Heard Mr.D.Veerasekaran, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondent.
3. The refusal check slip has been issued by the respondent on the ground that there is a serious dispute on the title and the respondent has relied upon the circular issued by the Inspector General of Registration under Rule 55-A of the Registration Rules.
4. In the considered view of this Court, the circular relied upon is non-est in the eye of law in view of the judgment of the Apex Court in K.Gopi v. Sub-Registrar and others [2025 (2) CTC 777]. The Apex Court has held that Rule 55-A(i) of the Registration Rules is ultra vires Section 69 and hence is unenforceable. Therefore, the circular issued by 2/4
the Inspector General of Registration under the said Rule becomes nonest in the eye of law. In view of the above, the impugned refusal check slip issued by the respondent is hereby quashed and there shall be a direction to the respondent to register the Memorandum of Deposit of Title Deeds dated 26.02.2025, if it is otherwise in order. This writ petition is allowed with the above direction. No costs. 22.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub Registrar O/o.The Sub Registrar, Punjai Puliyamppati- Post, Erode District.
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N.ANAND VENKATESH, J gm 22.04.2025 4/4