Sri Lakshmi Global School v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sri Lakshmi Global School, No.S-6, T.N.H.N., Pallavan Nagar, Kancheepuram Taluk, Kancheepuram District, Rep by its founder, Mr.G.Kamalakannan S/o Govindaraj, 6/336 B Block, S2, Begonia Appartment, Murgappair East, Ambattur, Chennai - 600 037. ...Petitioner(s) Vs.

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

2.The Sub Registrar Joint II, Office of Sub Registrar, Kancheepuram. ...Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal slip issued by the 2nd respondent vide RFL/Sub Registrar, Joint II, Kancheepuram/10/2025 dated 10.06.2025 and the quash the same as illegal, arbitrary and non-est in law, consequently direct the 2nd respondent to register the lease deed and release the same to the petitioner within the time stipulated by this Hon'ble Court and thus render justice. The crux of the issue raised in this writ petition as to whether the Sub Registrar can refuse to register the 1/6

lease deed for non-production of no objection certificate from the erstwhile lessee.

For Petitioner(s) : Mr.B.Vijay For Respondent(s) : Mr.U.Baranidharan for R1 & R2 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 challenging the impugned refusal slip issued by 2nd respondent in RFL/Sub Registrar, Joint II, Kancheepuram/10/2025 dated 10.06.2025 and to quash the same as illegal, arbitrary and non-est in law. Further, direct the 2nd respondent to register and release the lease deed to the petitioner within a time frame to be fixed by this Court.

3. It is submitted by the learned counsel for the petitioner that petitioner entered into lease agreement in respect of property comprised in S.Nos.581 Part, 582 Part and 587, situated at Sevilmedu Village, Kancheepuram Taluk, Kancheepuram District with Mr.Govindaraj and Mrs.P.S.Vasugi. It is submitted that petitioner management is running a 2/6

CBSE School under the name and style of "Shri Lakshmi Global School" in the leased premise after obtaining necessary permission from the competent authorities since 2022.

3.1. It is submitted by the learned counsel for the petitioner that previous lessee failed to discharge its obligation under the lease deed which resulted in arbitration proceedings and arbitral award dated 01.06.2023 was passed cancelling lease deed. The said Arbitral Award dated 01.06.2023 was registered on 26.03.2025 in Doc.No.1021 of 2020. Thereafter, petitioner entered into a lease deed with land owners on 09.06.2025 and the same was presented before the 2nd respondent for registration on 10.06.2025. However, the above lease deed was rejected on the following grounds, viz., (i) No Objection Certificate to be obtained from erstwhile lessee. (ii) Lease Deed cannot be registered in view of pendency of appeal filed by erstwhile lessee against decision of Sole Arbitrator. 3.2. It is submitted by the learned counsel for the petitioner that the 2nd respondent has no power to refuse registration of the lease deed for non production of No Objection Certificate from erstwhile lessee, 3/6

since the lease deed with the erstwhile lessee was cancelled by Arbitral Award dated 01.06.2023. It is further submitted by the learned counsel for petitioner that an application was filed before this Court under Section 34 of the Arbitration and Conciliation Act, 1996, in Arb.O.P.(Com.Div) No.473 of 2023, challenging the above award and the same was dismissed by this Court on 12.06.2025. 4.At this juncture, learned Special Government Pleader would submit that petitioner may re-present the lease deed and the same would be registered and released if it is otherwise in order, which was agreed to by the learned counsel for the petitioner.

5.In view thereof, the impugned refusal check slip dated 10.06.2025 is set aside and writ petition stands disposed of. It is open to the petitioner to re-present the lease deed for registration and on such representation, the same would be registered if it is otherwise in order. If for any reason, registration of lease deed is sought to be refused, the 2nd respondent shall issue refusal slip/order assigning appropriate reasons. 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 4/6

consider the matter on its own merits and in accordance with law. No costs.

24.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam To:

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

2.The Sub Registrar Joint II, Office of Sub Registrar, Kancheepuram.

5/6

MOHAMMED SHAFFIQ, J.

pam 24.06.2025 6/6