D.Kamala v. Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.17981 of 2025 and W.M.P. No.20179 of 2025 D.Kamala Represented by her Power Agent, B.Maheshkumar

...Petitioner(s)

Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Chennai-600 028.

2.The Joint-IV Sub-Registrar, The Office of Sub-Registrar, Kancheepuram District.

3.The Special District Revenue Officer (Land Acquisition), Greenfield International Airport Scheme, Sriperumbudur.

...Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd respondent vide RFL/Joint-IV Sub Registrar, Kancheepuram/6/2025 dated 12.03.2025 and quash the same as illegal, arbitrary and non-est in law and consequently direct the 2nd respondent to register and release the document within the time stipulated by this Court. For Petitioner(s) : Mr.B.Vijay for Mr.S.Santosh For Respondent(s) : Mr.M.Suresh Kumar 1/5

Additional Advocate General Assisted by Mr.P.Sathish Additional 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 Certiorarified Mandamus challenging the refusal slip refusing to register the sale deed on the premise that acquisition proceedings have been initiated by issuing notice under Section 3(2) of the Land Acquisition for Industrial Purposes Act, 1997 [hereinafter referred to as "the Act"] on 12.03.2025.

3. It is the case of the petitioner that she is the owner of the properties comprised in Survey Nos.132B/IB and 132B/1B1A situated at 139, Mahadevimangalam Village, Sriperumbuthur Taluk, Kancheepuram District. While so, she decided to sell the properties and presented the sale deed for registration before the respondent authority. However the same was refused registration and the impugned refusal slip came to be issued on 12.03.2025. It is stated that when the sale deed was presented for registration, the same was refused registration citing the reason that acquisition proceeding were initiated by 2/5

issuing notice under Section 3(2) of the Act. 3.1. It is further submitted by the learned counsel for petitioner that issuance of notice under Section 3(2) of the Act may not be an absolute bar for registration of sale deed and the bar would get attracted only when a notification is issued under Section 3(1) of the Act.

4. Mr.M.Suresh Kumar, learned Additional Advocate General, appearing for the respondents would submit that it would be desirable to include a clause in the sale deed setting out the issuance of notice under Section 3(2) of the Act, which was agreed to by the learned counsel for petitioner.

5. In view thereof, writ petition stands disposed of. The impugned refusal slip is set aside. The petitioner shall include/insert a clause making reference to the proceedings under Section 3(2) of the Act in the sale deed. It is thereafter open to the petitioner to present the sale deed for registration, if such sale deed is presented, the same shall be registered by the appropriate authority, if it is otherwise in order. If for any reason, registration is sought to be rejected, the registering authority shall issue a refusal slip/order assigning appropriate reasons for such rejection. 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 3/5

consider the matter on its own merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 30.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The Inspector General of Registration, 100, Santhome High Road, Chennai-600 028.

2.The Joint-IV Sub-Registrar, The Office of Sub-Registrar, Kancheepuram District.

3.The Special District Revenue Officer (Land Acquisition), Greenfield International Airport Scheme, Sriperumbudur.

4/5

MOHAMMED SHAFFIQ, J.

mka W.P. No.17981 of 2025 30.06.2025 (2/2) 5/5