R.Murugamma v. The Inspector General Of Registration

2025:MHC:2062

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Murugamma Petitioner(s) Vs 1.The Inspector General of Registration Office of Inspector General of Registration, No.100, Santhome Highway, Pattinapakkam, Chennai-28 2.The District Registrar The District Registrar Office, New Pet, Krishnagiri-635 001.

3.The Sub Registrar The Office of Sub Registrar, Near Gandhi Statue, Hamumanthapuram, Anna Nagar, Hosur, Krishnagiri -635 109 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling the records of the 3rd

respondent vide Refusal Check slip No.RFL/Hozur/15/2025 dated 19.05.2025 ("Impugned Refusal Slip") and quash the same as illegal and arbitrary and further direct the 3rd respondent to register the Memorandum of Deposit of Title Deed document Dated 17.05.2025 produced by the petitioner pertaining to the property measuring to an extent of 122.96 square meters (equivalent to 1323 square feet) bearing Patta No.13265 in Old Survey No.336 and New survey No.336/1 in sub-division survey No.336/30 situated at Zuzuwadi Village, Hosur Taluk, Krishangiri District-635 126.

For Petitioner(s):

Mr.G.Mohammed Aseef For Respondent(s):

Mr.P.Harish Government Advocate

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 has been filed praying for writ of certiorarified mandamus, challenging the refusal check slip dated 19.05.2025 whereby the petitioner had presented a Memorandum of Deposit of Title Deed dated 17.05.2025 in respect of the property comprised in Survey No.336/1, measuring an extent of 1323 Sq.ft. situated at Zuzuwadi Village, Hosur Taluk, Krishnagiri District.

3. There is a stay granted by the Debt Recovery Tribunal (DRT) in S.A.No.277 of 2024 in respect of the subject property. It is submitted by the learned counsel for the petitioner that the petitioner was not a party to the above proceedings. Instead, the petitioner claims to have purchased the property through an auction conducted by the Bank.

4. Having said so, the learned counsel for the petitioner contended that the impugned refusal check slip has been issued without affording an opportunity to respond. It is submitted that if provided with an opportunity, the petitioner would be able to show that refusal is bad in law. Hence, the petitioner has filed the present writ petition challenging the refusal check slip.

5. At the outset, the learned Government Advocate appearing on behalf of the respondents would submit that the impugned refusal check slip came to be issued based on a protest letter lodged by Mr.Tamilkumaran, who has not been arrayed as a party in the present writ petition. He further submits that the

petitioner may represent the Memorandum of Deposit of Title Deed along with relevant documents, documentary evidence and his explanation/response to the refusal check slip and the same will be considered and Memorandum of Deposit of Title Deed would be registered, if it is otherwise in order, which was agreed to by the learned counsel for the petitioner.

6. In view thereof, this Court finds merit in this writ petition and thus, the impugned order passed by the 3 rd respondent vide Refusal Check Slip No.RFL/Hozur/15/2025 dated 19.05.2025, is hereby set aside. It is left open to the petitioner to represent the Memorandum of Deposit of Title Deed along with the relevant documentary evidence available and response to the reasons set out in the impugned refusal check slip. If any such response is filed with relevant documentary evidence, the same will be considered and Memorandum of Deposit of Title Deed shall be registered, if it is otherwise in order. If for any reason, registration of the Memorandum of Deposit of Title Deed is sought to be refused, the respondent shall issue refusal slip / order assigning appropriate reasons.

7. In result, this Writ Petition stands disposed of in the above terms. No costs.

21-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni To 1.The Inspector General Of Registration Office Of Inspector General Of Registration, No.100, Santhome Highway, Pattinapakkam, Chennai-28 2.The District Registrar The District Registrar Office, New Pet, Krishnagiri -635 001 3.The Sub Registrar The Office Of Sub Registrar, Near Gandhi Statue, Hamumanthapuram, Anna Nagar, Hosur, Krishnagiri -635

MOHAMMED SHAFFIQ J.

Jeni 21-07-2025