M.Raja v. The Sub Registrar Joint 1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Raja Petitioner(s) Vs The Sub Registrar Joint-1, Tiruvallur Sub-Registrar Office, Tiruvallur District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned communication in Na.Ka.No.428-2/2025 dated 25.06.2025 issued by the respondent and quash the same and consequently direct the respondent to register the sale deed dated 24.06.2025. For Petitioner(s) : Mr.Sathia Chandran S For Respondent(s) : Mr.U.Baranidharan Special Government Pleader 1/4

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 praying for a writ of Certiorarified Mandamus calling for the entire records connected with the impugned communication in Na.Ka.No.428-2/2025 dated 25.06.2025 issued by respondent, quash the same and consequently direct the respondent to register the sale deed dated 24.06.2025.

3. It is submitted by the learned counsel for petitioner that petitioner is the absolute owner of the property comprised in Survey No.85/11A1, measuring an extent of 23 cents situated at Siruvanur Village, Tiruvallur Taluk and District. Petitioner decided to sell the above subject property. It is further stated that suit in O.S.No.53 of 2024 is pending before the Sub-Court, Tiruvallur. Respondent sought for details as to the status of the above Suit and also whether there is any interim stay/ injunction in the said Suit. It is further submitted by the learned counsel for the petitioner that there is no interim injunction and there is no reason for the respondent authority to refuse registration of the subject property. 2/4

4. At the outset, Mr.U.Baranidharan, learned Special Government Pleader for respondents would submit that petitioner may re-present the sale deed in respect of the subject property along with an affidavit stating that there is no interim order / injunction in respect of the said property and that the respondent authority would then proceed to register the same if it is otherwise in order. Agreed to by the learned counsel for petitioner.

5. In view thereof, the writ petition stands disposed of. It is open to the petitioner to re-present the sale deed for registration along with an affidavit stating that there is no interim order / injunction in respect of the subject property, the concerned respondent shall then consider and register the document if it is otherwise in order, if for any reason the registering authority finds that the registration ought to be refused, the same shall be done after assigning reasons. No costs.

28.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

The Sub Registrar Joint-1, Tiruvallur Sub-Registrar Office, Tiruvallur District.

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