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Madras High CourtWP/28663/2025disposed of

Sree Ambika Hospitality Private Limited v. The Additional Chief Secretary

2025-08-14Honourable Mr.Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.33107 of 2025 M/s.Sree Ambika Hospitality Private Limited, No.197, Kutchery Road, Mylapore, Chennai-600004, Herein represented by its Managing Director Siva kumar ... Petitioner Vs.

1.The Additional Chief Secretary/Commissioner Urban Land Ceiling and Urban Land Tax, Chennai-600001.

2. The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Santhome, Chennai-600028.

3.The Assistant Director and P.A to General District Land Survey Department 7th floor, Singaravelar Maligai Chennai-600001.

4.The District Registrar, South Chennai District, Nandanam, Fanepet, Chennai-600035.

5.The Sub-Registrar, Sub Registrar office Velachery, No.38, 3rd Main Raod, Ram Nagar, Rajalakshmi Nagar, Velachery, Velachery Chennai-600042.

6. The Tahsildar, Velachery Taluk, Seva Nagar, 1st Street, Sony Nagar, Periyar Nagar, Extension, Velachery, Chennai-600042. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned order, dated 31.07.2024 on the file of the 5th respondent and to quash the same and consequently direct the 5th respondent and to admit, register and release the sale deed registered as pending document No.P133/2023 on the file of the 5th respondent. For Petitioner :

Mr.M.B.Mushtaque Ahamed.

For Respondents :

Mr.Abishek Murthy Government Advocate For R1 to R6.

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed challenging the impugned proceedings dated 31.07.2024 of the 5th respondent whereby registration of sale deed in respect of the property comprised in Survey Nos.424/1, 424/2, 424/3, measuring an extent of 2430 Sq.ft situated at Plot No.14, Venkateshwara Nagar, Velachery Taluk and Village, Chennai, was rejected.

3. Mr.Abishek Murthy, learned Government Advocate takes notice for the respondents.

4. It is submitted by the learned counsel for the petitioner that the sale deed dated 23.09.2023 which was sought to be registered was rejected on the premise that, patta stands in the name of one 'Kamalammal' while the property was said to be purchased from one 'Thahirudeen Kabir' legal heirs

of 'Rubydeen'. The survey number is also reflected in the A-Register. It is further submitted by the learned counsel for the petitioner that, the registration is refused even without serving notice on the petitioner thereby denying the petitioner to put forth their explanation.

5. The Learned Government Advocate appearing for the respondents would submit that, the petitioner may re-present the document/ sale deed along with explanation to the reasons in the refusal slip and on such representation, the sale deed would be registered, if it is otherwise in order after conducting enquiry by issuing notice and affording an opportunity of hearing to the petitioner as well as the vendor and all other interested / necessary parties. If for any reason, registration is refused, the same would be done after assigning reasons.

6. In view thereof, this Writ Petition stands disposed of with a direction to the petitioner to re-present the sale deed for registration along with explanation to the refusal before the fifth respondent. On such re-

presentation, the fifth respondent shall register the sale deed, after conducting an enquiry by issuing notice and affording an opportunity of hearing to the petitioner as well as the vendor and all other interested parties including rival claimants, if any and 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 appropriate reasons. No costs. Consequently, connected miscellaneous petitions are closed. 14.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No Nhs

To 1.The Additional Chief Secretary/Commissioner Urban Land Ceiling and Urban Land Tax, Chennai-600001.

2. The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Santhome, Chennai-600028.

3.The Assistant Director and P.A to General District Land Survey Department 7th floor, Singaravelar Maligai Chennai-600001.

4.The District Registrar, South Chennai District, Nandanam, Fanepet, Chennai-600035.

5.The Sub-Registrar, Sub Registrar office Velachery, No.38, 3rd Main Raod, Ram Nagar, Rajalakshmi Nagar, Velachery, Velachery Chennai-600042.

6. The Tahsildar, Velachery Taluk, Seva Nagar, 1st Street, Sony Nagar, Periyar Nagar, Extension, Velachery, Chennai-600042.

MOHAMMED SHAFFIQ, J.

Nhs 14.08.2025