Balu v. Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.25035 & 25039 of 2025 Balu ... Petitioner Vs.
1. The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 600 028.
2. The District Registrar, Registration Department Salem West, Salem - 636 001.
3. The Sub Registrar, Omalur Sub Registrar Office, Salem - 636 455.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned refusal slip issued by the third respondent vide Refusal No.RFL/Omalur/Book 2/13 dated 19.11.2022 and quash the same
and consequently, direct the third respondent to register the sale deed dated 29.07.2021 and release the same.
For Petitioner :
Mr.Naveen Kumar Murthi for Mr.Aravind Karthikeyan For Respondents :
Mr.U.Baranidharan Special Government Pleader
O R D E R
The present writ petition is filed challenging the refusal slip whereby the sale deed executed in favour of petitioner by one Palanisamy in respect of the property comprised in Survey No.13/1A admeasuring an extent of 1 acre and 15 cents, situated at Sikkampatti Village, Omalur Sub Registration District, Salem duly executed on 29.07.2021 was refused to be registered on the following grounds:
(a) Non-mentioning of boundaries in the sale deed; (b) Pendency of suit in O.SNo.93 of 2021 in respect of the subject property on the file of District Munsif, Omalur; and (c) Genuineness of the enjoyment certificate was doubted.
2. Insofar as the first reason wherein non-mentioning of the
boundaries is concerned, learned counsel for petitioner, would submit that, petitioner had no opportunity to explain. If an opportunity is granted, petitioner would be in a position to explain his case before the appropriate authority. Insofar as the second reason, namely, pendency of the suit, it was submitted that mere pendency of the suit may not be a bar for registration. Thirdly, insofar as the enjoyment certificate dated 09.11.2020 is concerned, it was submitted it stands validated on 13.05.2025.
3. At the outset, learned Special Government Pleader for respondents would submit that petitioner may re-present the document, namely, sale deed along with explanation to the objections and on such re-presentation, the sale deed would be registered, if it is otherwise in order. If for any reason, registration is refused, a check slip would be issued after assigning reason, which was agreed to by the learned counsel for petitioner.
4. In view thereof, this Writ Petition stands disposed of with the direction to the petitioner to re-present the documents / sale deed along with
explanation to the objections to the respondents within a period of two weeks from the date of receipt of a copy of this order. On such re-presentation, the concerned respondent shall register the sale deed within a period of one week thereon, if it is otherwise in order. If for any reason, the registering authority refuses to register the sale deed, the same would be done by issuing a refusal slip assigning reason. No costs. Consequently, connected miscellaneous petitions are closed. 24.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 600 028.
2. The District Registrar, Registration Department Salem West, Salem - 636 001.
3. The Sub Registrar, Omalur Sub Registrar Office, Salem - 636 455.
MOHAMMED SHAFFIQ, J.
vji and W.M.P.Nos.25035 & 25039 of 2025 24.06.2025