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Madras High CourtWP/27425/2025disposed of

Thirunavukarasu v. The Inspector General Of Registration

2025-07-29Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Thirunavukarasu ...

Petitioner -vs1.The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

2.The District Registrar, Registration Department, Salem, Salem District.

3.The Sub-Registrar, Tharamangalam Sub-Registrar Office, Tharamangalam, Salem District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records of the impugned Refusal Slip, dated 04.07.2025, in Refusal No.RFL/Tharamangalam/31/2025, issued by the third respondent, and quash the same and consequently direct the third respondent to register the Sale Deed of the petitioner, dated 04.07.2025, in respect of his property in Survey No.18/1 (New S.No.18/1A1), measuring to an extent of 93 cents,

situated at Karukkalvadi Village, Omalur Taluk, Salem District. For Petitioner : Mr.M.R.Jothiraman For Respondents : Mr.U.Baranidharan, Spl.Govt. Pleader.

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. This Writ Petition is filed, challenging the Refusal Check Slip, dated 04.07.2025, issued by the third respondent, whereby the sale deed, dated 04.07.2025, on being presented for registration, was sought to be refused registration, on the premise that there is no patta in the name of the vendor.

2. Learned counsel for the petitioner would submit that merely because patta has not been produced, it cannot be a reason for refusing registration. In this regard, he sought to place reliance on the circular of the Inspector General of Registration, Chennai, in Circular No.22482/C1/2022, dated 12.07.2024, the relevant portion of which is extracted below : ''In the reference first cited, Hon'ble High Court had directed the Inspector General of Registration to issue circular indicating the law declared by the Court in various verdicts. Accordingly, this circular is issued on the basis of the various verdicts of Courts and also

reiterating various circulars which have been already issued in this regard.

a) Vide Inspector General of Registration Circular No.58804/L1/2024, dated 8.11.2004, it has been already instructed that registering officers should not insist the registrants to produce Chitta, Adangal, Rental value certificate etc. Moreover, in the said circular, it was stated that if any violation is found, severe disciplinary action would be initiated against the registering officer. Further, it is hereby reiterated that if registering officers are found to have passed an order of refusal on the grounds that the executant of a document has not produced Chitta, Adangal, FMB Sketch, then severe disciplinary actions will be taken.''

3. On this being pointed out, learned Special Government Pleader, appearing for the respondents, would submit that the petitioner may represent the document before the third respondent and, on such representation, the same would be considered in accordance with law.

4. In view of the above, the petitioner is directed to re-present the document in question before the third respondent and, on such representation, the third respondent shall register the same, if it is otherwise in order. If, for any reason, registration is sought to be refused, the respondent would assign reason for doing so.

5. Writ Petition stands disposed of accordingly. No costs. 29.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1.The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

2.The District Registrar, Registration Department, Salem, Salem District.

3.The Sub-Registrar, Tharamangalam Sub-Registrar Office, Tharamangalam, Salem District.

MOHAMMED SHAFFIQ, J.

dixit 29.07.2025