Mrs.S.Vinoth v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2025
CORAM:
THE HON'BLE MR. JUSTICE N. ANAND VENKATESH W.P. No.15301 of 2025 S. Vinoth Petitioner v 1.
The Inspector General of Registration Office of the Inspector General of Registration 100 Santhome High Road Chennai 600 004 The Sub Registrar Guduvancehri SRO Chengalpattu District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned refusal check slip in 13/2025 dated 14.03.2025 passed by the second respondent and quash the same and consequently, direct the second respondent to register the sale deed dated 14.03.2025 executed by V.
Madhivanan and the petitioner in the capacity of the partner and authorised signatory of Narasus Enterprises in favour of Vasanthi Pannerselvam in respect of the vacant property situated at Murugamangalam Village, Vandalur Taluk, Chengalpattu District within the limits of Guduvanchery Sub Registrar Office, Tambaram Registration District, bearing Patta No.2741 comprised in Survey Nos.47/3, 47/6 and 47/2 forming part of Sri Alamelu Mangapuram Colony, consisting of Plot No.142 measuring 2,400 sq. ft., Plot No.143 measuring 2,400 sq. ft. and Plot No.184 measuring 2,400 sq. ft.
7,200 sq. ft. and as per patta, falling under the sub-division Survey No.47/6A1A1A1A1A.
For petitioner Mr. A.K. Sriram, Sr. Counsel for Mr. B.L.S. Prasad For respondents Mr. P. Harish Govt. Advocate - - - - -
ORDER
This writ petition has been filed challenging the refusal check slip issued by the second respondent dated 14.03.2025 and for a consequential direction to the second respondent to register the sale deed dated 14.03.2025 executed by the petitioner and another in their capacity as Partners of Narasus Enterprises with respect to the subject property.
Heard Mr. A.K. Sriram, learned Senior Counsel representing Mr. B.L.S. Prasad, learned counsel on record for writ petitioner and Mr.P. Harish, learned Government Advocate for the respondents. 3.
The specific case of the petitioner is that the partnership firm called as Narasus Enterprises is the owner of the subject property. The partnership firm was established in the year 1968 and thereafter, it was reconstituted a couple of times. Ultimately, the final reconstitution of the firm took place on 12.01.2024 by inducting the petitioner and two
others as partners. This reconstitution deed was registered as Document No.24 of 2024 before the Sub Registrar, Virugambakkam. The petitioner firm decided to sell the property and hence, the sale deed dated 14.03.2025 was executed and presented for registration before the second respondent. The second respondent refused to register the sale deed by issuing refusal check slip dated 14.03.2025 mainly raising various title issues pertaining to the subject property. 4.
In the considered view of this Court, the grounds that have been raised in the impugned refusal check slip issued by the second respondent clearly touch upon the title to the property. Rule 55 (A)(i) of the Registration Rules has already been held to be ultra vires Section 69 of the Registration Act by the judgment of the Supreme Court in K.Gopi vs. Sub Registrar and others [2025 2 CTC 777]. 5.
In view of the above, the second respondent should not have gone into the title of the property and it was beyond the power and jurisdiction of the second respondent. Hence, this Court is inclined to quash the impugned refusal check slip dated 14.03.2025 and the same is accordingly quashed. There shall be a direction to the second respondent to register the sale deed, if it is otherwise in order.
N. ANAND VENKATESH, J.
cad 6.
This writ petition is allowed with the above direction. No costs.
28.04.2025 cad To 1.
The Inspector General of Registration Office of the Inspector General of Registration 100 Santhome High Road Chennai 600 004 The Sub Registrar Guduvancehri SRO Chengalpattu District