Andal v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
1. Andal
2. Sabanayakam
3. Kamaleeswari
4. Ramamoorthy ... Petitioners Vs.
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The Deputy Inspector General (DIG) of Registration Door No.50, Sankara Naidu Street, Thiruppathiripuliyur, Cuddalore 607 002.
3. The District Registrar Officer, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudachalam 606 001.
4. The Virudhachalam Joint Registrar I, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudachalam 606 001.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 2nd respondent to register the Sale Deed bearing Temporary No.TP/213778223/2025 dated 19.03.2025 executed by the petitioners in favor of Ms.Anandhi. For Petitioner(s) : Mr.K.M.Muralidharan For Respondent(s) : Mr.V.Baranidaran 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.
2. The present writ petition is filed praying for a writ of mandamus to direct the 2nd respondent to register the Sale Deed bearing Temporary No.TP/213778223/2025 dated 19.03.2025 executed by the petitioners in favor of Ms.Anandhi.
3. It is submitted by the learned counsel for the petitioners that the property in question is ancestral patta land originally owned by the petitioners' 2/6
mother-in-law, Chellamachi, wife of Veeranarayanan. Upon Veeranarayanan's death in 1958, the property passed to their only son, Narayanasamy. After Narayanasamy's death in 1964, ownership reverted to Chellamachi. Following Chellamachi's demise in 1999, the property was inherited by Subramanian. Upon Subramanian's death in 2004, the petitioners' as his legal heirs, inherited the property. The petitioners' possess a valid Legal Heir Certificate (No. TN7202311302386) issued by the Vriddhachalam Taluk Office. It is further submitted by the learned counsel for the petitioners that the petitioners are the lawful owners of the property situated at Vriddhachalam Registrar and Sub Registrar, Bhoothamoor Village, in Survey No. 46/9, covering 1.14 acres.
4. It is further submitted that the petitioners on 19.03.2025 executed a sale deed in favor of Mr.Venkatesh, son of Suresh, for the sale of 5 cents (2,180 sq.ft) of land situated in Bhoothamoor Village, Vriddhachalam Taluk, Cuddalore District, bearing Survey No. 46/9. The sale deed, assigned Temporary Number TP/213778223/2025 and dated 19.03.2025, was presented for registration before the 4th Respondent. The 4th Respondent, without assigining any reason returned the Sale Deed without registering and failed to provide a formal refusal order or a copy of the reasons for such refusal. Aggrieved by the same, the present writ petition has been filed by the petitioners.
3/6
5. At the outset it is submitted by the learned Special Government Pleader appearing for the respondents that the writ petition itself may be premature inasmuch as there is no refusal slip. It is further submitted by the learned Special Government Pleader that the petitioners may submit the sale deed bearing Temporary No.TP/213778223/2025 dated 19.03.2025 and the same shall be registered if it is in accordance with law, within a time frame fixed by this Court. If for any reason, the registering authority refuses to register the Sale Deed, the same would be done by issuing a refusal slip assigning reasons, which was agreed to by the learned counsel for the petitioners.
6. In view thereof, the writ petition stands disposed of with the direction to the petitioners to submit the Sale Deed bearing Temporary No.TP/213778223/2025 dated 19.03.2025 before the appropriate respondent and the respondents are directed to register the same, if it is in accordance with law. If for any reason, the concerned respondent refuses to register, the concerned respondent is directed to issue a refusal slip assigning reasons and after affording the petitioners a reasonable opportunity of hearing. The entire procees shall be completed within a period of 8 weeks from the date of receipt of a copy 4/6
of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 02.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The Deputy Inspector General (DIG) of Registration Door No.50, Sankara Naidu Street, Thiruppathiripuliyur, Cuddalore 607 002.
3. The District Registrar Officer, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudachalam 606 001.
4. The Virudhachalam Joint Registrar I, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudachalam 606 001.
5/6
MOHAMMED SHAFFIQ, J.
spp 02.06.2025 6/6