M/S.Ratnaa Shree Anandhaas v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Ratnaa Shree Anandhaas Hotels Private Limited, Represented by its Executive Director, Mr.N.V.Nammalwar, Having its office at 143-B, Krishnarayapuram Village, Nava India Road, Peelamedu, Coimbatore-600 028. ...Petitioner versus 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2.The District Registrar, The District Registrar's Office, The District Collectorate, Coimbatore - 641 018.

3.The Sub-Registrar, Vadavalli Sub Registrar's Office, 4C, Arul Nagar, Maruthamalai Main Road, Vadavalli, Coimbatore -641 041 ...Respondents 1/6

Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent, relating to the impugned refusal slip in RFL/Vadavalli/25/2025 dated 14.03.2025 and quash the same as arbitrary and invalid and consequently direct the third respondent to register the lease deed dated 19.02.2025 presented on 14.03.2025 and pass orders. For the Petitioner :

Mr.Roshan Atiq M For the Respondents :

Mr.U.Baranidharan Special Government Pleader for R1 to R3

O R D E R

This writ petition has been filed challenging the impugned refusal check slip dated 14.03.2025 issued by the third respondent and for a consequential direction to the third respondent to register the lease deed dated 19.02.2025 executed in favour of the petitioner.

2. When the writ petition came up for hearing on 08.04.2025, this Court passed the following order:

"Mr.U.Baranidharan, learned Special Government Pleader, takes notice for respondents. 2.The refusal check slip has been issued mainly on the ground that an order of attachment has been passed by the I Additional District Judge, Coimbatore, in I.A.No.2 of 2022 in O.S.No.407 of 2022 wherein the lessor has been added as the 2/6

second defendant in the suit.

3. Learned counsel for the petitioner, by relying upon the judgment of this Court in Mani v.The Sub Registrar, Pallipalayam [MANU/TN/3305/2024], more particularly, paragraph No.26 of the judgment, submitted that the value of the property, which is being leased in favour of the petitioner, is much more than the value of the suit claim towards which it has been attached.

4. Learned Special Government Pleader shall take instructions in this regard.

Post this writ petition at the end of the motion list on 22.04.2025"

3. When the matter was taken up for hearing today, the learned Special Government Pleader appearing for the respondents submitted that the value of the land is approximately 8 Crores and apart from that, there is also a super structure put up over the land.

4. Heard Mr.Roshan Atiq M, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for the respondents.

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5. Considering the judgment relied upon by the petitioner and considering the total value of the property and also taking note of the fact that the property is only sought to be leased in favour of the petitioner and the value of the suit claim is much lesser than the value of the property, no prejudice will be caused, if the lease deed is registered. In any case, the lease will only create a right of enjoyment for the petitioner and the property will not stand transferred in the name of the petitioner.

6. In view of the above discussion, the impugned refusal check slip dated 14.03.2025 issued by the third respondent is hereby quashed. There shall be a direction to the third respondent to register the lease deed dated 19.02.2025, if it is otherwise in order.

7. This writ petition is allowed with the above terms. There shall be no order as to costs.

22.04.2025 Index: Yes/no mrn 4/6

To 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2.The District Registrar, The District Registrar's Office, The District Collectorate, Coimbatore - 641 018.

3.The Sub-Registrar, Vadavalli Sub Registrar's Office, 4C, Arul Nagar, Maruthamalai Main Road, Vadavalli, Coimbatore -641 041 5/6

N.ANAND VENKATESH, J.

(mrn) 22.04.2025 6/6