V. Therasamari v. Commercial The District Registrar Officerand Registration Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Therasamari ... Petitioner Vs.
1. The District Registrar Officer, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudhachalam 606 001.
2. The Virudhachalam Joint Registrar I, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudhachalam 606 001.
... Respondents 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 Refusal Slip No.RF/Vridhachalam Joint Register-I/170/2025 dated 21.04.2025, issued by the 2nd respondent and quash the same as illegal, arbitrary and unsustainable in law and consequently direct the 2nd respondent to register the Sale Deed executed by the Petitioner in favour of Mr.S.Anthony Raj, in respect of the property comprised in Survey No.65/2D, measuring 0.51.5 hectares (1.27 acres), situated at Narumanam Village, Virudhachalam Taluk, Cuddalore District.
For Petitioner(s) : Mr.M.Elumalai 1/5
For Respondent(s) : Mr.U.Baranidharan Special Government Pleader
ORDER
The present writ petition is filed praying for a certiorarified mandamus challenging the refusal check slip in Refusal Slip No.RF/Vridhachalam Joint Register-I/170/2025, dated 21.04.2025, whereby petitioner's sale deed was refused registration on the premise that a protest petition in Petition No.7/2018 dated 17.05.2018 has been filed.
2. It is submitted by learned counsel for petitioner that the petitioner acquired ownership of the land comprised in Survey No.65/2D, measuring 0.51.5 hectares (1.27 acres), situated at Narumanam Village, Virudhachalam Taluk, Cuddalore District, through a registered settlement deed in Doc.No.6103 of 2010, dated 16.12.2010. Ever since the settlement, petitioner is in possession and enjoyment of the said land.
2.1. It is submitted by learned counsel for the petitioner that petitioner intended to sell the above said property to one Mr.S.Anthony and submitted a duly executed sale deed for registration before the 2nd respondent on 21.04.2025. However, 2nd respondent refused to register the sale deed on the premise that a protest petition in Petition No.7/2018 dated 17.05.2018 has been filed. It is 2/5
further submitted by learned counsel for the petitioner that even copy of protest letter has not been furnished to the petitioner.
3. When this was pointed out, learned Special Government Pleader for respondents would submit that a copy of the protest petition would be furnished to the petitioner and an enquiry would be conducted with the petitioner and protest petitioners and thereafter Sale deed would be registered, if it is otherwise in order, within the time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
4. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to furnish a copy of the protest petition to the petitioner and conduct enquiry after issuing notice to the petitioner herein as well as the protest petitioners and thereafter proceed to register the Sale Deed, if it is otherwise in order. If for any reason, registration of Sale Deed is sought to be refused, the respondent shall issue refusal slip/order assigning appropriate reasons. The above exercise shall be carried out within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy. 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 consider the 3/5
matter on its own merits and in accordance with law. No costs. 14.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The District Registrar Officer, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudhachalam 606 001.
2. The Virudhachalam Joint Registrar I, Ponneri Bypass Main Road, Nearest Rani Mahal, Virudhachalam 606 001.
4/5
MOHAMMED SHAFFIQ, J.
spp 14.07.2025 5/5