Madras High CourtWP/11233/2025disposed of

Mohammed Ishak v. The Principle Secretary

2025-12-02Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Mohammed Ishak .. Petitioner vs 1.The Principal Secretary, Town and Country Planning Department, Fort St. George, Chennai - 600 009.

2.The Inspector General of Registration, Santhome, Chennai - 600 028.

3.The Director, O/o.The Directorate of Town and Country Planning, I, II and III Floor, E & C Market Road, Koyambedu, Chennai - 600 107.

4.The Additional Director, O/o.The Additional Directorate of Town and Country Planning, Puthupalayam, Coimbatore.

5.The Deputy Inspector General of Registration, O/o.District Registration, Thirupathiripuliyur, Cuddalore.

6.The District Registrar, Office of the District Registrar, Chidambaram, Cuddalore District.

7.The Sub Registrar, Mannargudi, Cuddalore District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call 1/5

for the records pertaining to the order in Na.Ka.No.108/2025 dated 05.03.2025 by seventh respondent and quash the same and direct the sixth and seventh respondents to permit the petitioner to register the property as 5 cents land on par with other plots based upon the petitioner's representation dated 10.01.2025 and 10.02.2025 within the stipulated time as fixed by this Court. For Petitioner :

Mr.R.Abdul Mubeen For Respondents :

Mr.P.Sathish, Additional Government Pleader for R1, R3 and R4 Mr.U.Baranidharan, Special Government Pleader for R2, R5 to R7

ORDER

A communication dated 05.03.2025 directing the petitioner to apply for registration after obtaining approval for the lay out is challenged in this writ petition.

2. Learned counsel for the petitioner submits that Section 22A(2) of the Registration Act, 1908 does not apply to the instrument in question because the petitioner is not seeking to register the conveyance relating to house site. Therefore, he submits that the respondents should consider the petitioner's representation dated 10.02.2025 and pass orders thereon.

3. In response, learned Special Government Pleader referred to the impugned communication and pointed out that said 2/5

communication is not in the nature of refusal check slip issued after examining the instrument presented for registration. Therefore, he submits that the petitioner may submit the instrument for registration and that orders would be passed upon consideration thereof.

4. Taking note of the above submissions, this writ petition is disposed of by permitting the petitioner to present relevant instrument for registration before the seventh respondent. If such instrument were to be presented, the seventh respondent is directed to receive such instrument and pass orders in relation to the registration thereof in accordance with the Registration Act and the Rules framed thereunder. Such orders shall be issued within a period of two weeks from the date of receipt of the instrument. There shall be no order as to costs.

02.12.2025 Index:Yes/No mmi 3/5

To 1.The Principal Secretary, Town and Country Planning Department, Fort St. George, Chennai - 600 009.