Dharmendar Bafna v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Mr.Dharmendar Bafna 2.Mrs.Pramila Bafna ... Petitioner(s) Vs.
1.The Sub-Registrar, Poonamallee, Magistrate Court Complex, Poonamallee, Chennai.
2.The Inspector General of Registration, 100, Santhome High Road, Mylapore, Chennai - 600 028.
3.State of Tamil Nadu, Represented by its Principal Secretary, Commercial Taxes and Excise Department, Fort St. George, Chennai.
4.Godrej Properties Limited, Unit No.5C, 5th Floor, Godrej One, Projshanagar, Vikroli East, Mumbai - 400 079. ...Respondent(s) 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to allow the petitioners to register the Sale of Apartment No.1104 on 11th Floor of "Palm Cove" Tower, in the "Godrej Palm Grove" Residential Construction or to issue any other appropriate writ or order as this Hon'ble Court may deem fit.
For Petitioner(s) : Mr.Kalyan Jhabakh for M/s.Surana and Surana For Respondent(s) : Mr.U.Baranidharan Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 4th respondent is dispensed with. 2.The present writ petition is filed to direct the respondents 1 and 2 to allow the petitioners to register Sale of Apartment No.1104, 11th Floor, "Palm Cove" Tower, at "Godrej Palm Grove" Residential Construction. 3.It is submitted by the learned counsel for the petitioner that 2/6
petitioners jointly purchased aforesaid apartment vide Sale Agreement dated 09.08.2013, registered as Document No.4307 of 2013. After purchase, petitioners have become the lawful owners of the said apartment. It is further submitted that petitioners wanted to sell the said apartment, approached the 1st respondent on 09.02.2024 to register the sale of the aforesaid apartment to the prospective purchaser. The same was refused stating that there is stamp duty issue pertaining to the subject property to be paid by the Builder.
4.It is submitted by learned Special Government Pleader for the respondents that the writ petition is premature as petitioners have not presented the document. It is further submitted that petitioners may represent the document relating to Sale of Apartment, the same would be registered if it is otherwise in order. If for any reason, there is a need for refusal of registration of the Sale Deed, they would do so after assigning reason, which was agreed to by the learned counsel for the petitioner. 5.Recording the same, the Writ Petition stands disposed of. 3/6
No costs.
11.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 4/6
To 1.The Sub-Registrar, Poonamallee, Magistrate Court Complex, Poonamallee, Chennai.
2.The Inspector General of Registration, 100, Santhome High Road, Mylapore, Chennai - 600 028.
3.The Principal Secretary, State of Tamil Nadu, Commercial Taxes and Excise Department, Fort St. George, Chennai.
5/6
MOHAMMED SHAFFIQ, J.
pam 11.06.2025 6/6