Velayutham v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Velayutham ... Petitioner Vs.

1.

The Sub-Registrar, Registration Department, Kadampuliyur, Cuddalore District.

2.

S.Dhanalakshmi 3.

Vasanthakumar 4.

Narmada 5.

Minor Palani Bharathi (minor rep.by his Mother & Natural Guardian Dhanalakshmi) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, calling for the records relating to the impugned Refusal Check Slip bearing No.RFL/Kadampuliyur/39/2025 dated 22.05.2025 on the file of the 1st respondent herein, quash the same and consequently direct the 1st respondent to register the Sale Deed dated 21.05.2025 presented for registration by the petitioner within a stipulated period. For Petitioner : Mr.K.Govi Ganesan 1/5

For Respondents : Mr.P.Harish Government Advocate for R1

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 2 to 5 is dispensed with.

2. The present writ petition is filed challenging the Refusal Check Slip bearing No.RFL/Kadampuliyur/39/2025 dated 22.05.2025, on the file of the 1st respondent herein and quash the same and consequently direct the 1st respondent to register the Sale Deed dated 21.05.2025 presented for registration by the petitioner within a stipulated period.

3. The learned counsel for the petitioner would submit that, petitioner is the absolute owner of the lands bearing New S.F.No.654/1A1, measuring an extent of 1.78 acres, situated at Vegokollai Village, Panruti Taluk, Cuddalore District, having purchased the same vide Sale Deed dated 18.04.2011 and registered as Doc.No.1040 of 2011. It is further submitted that when the petitioner decided to alienate the above said lands and accordingly, executed a 2/5

Sale Deed dated 21.05.2025, in favor of one SPDS Kumaresh, before the 1st respondent, the same was refused on the premise that there is a suit pending before the learned Principal District Judge, Cuddalore in O.S.No.77 of 2022 in respect of subject property. Learned counsel would further state that there is no interim orders/ injunction against alienation of conveyance nor registration of any documents in respect of the subject property in the above suit. He would further submit that mere pendency of suit may not be a bar for registration. Therefore, he prays to set aside the impugned refusal check slip.

4. At the outset, learned Special Government Pleader for 1st respondent 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.

5. In the said circumstances, this Court is inclined to set aside the impugned order and accordingly, the impugned refusal check slip dated 22.05.2025 on the file of the 1st respondent is hereby set aside. The petitioner may re-present the sale deed along with the affidavit, stating that there is no 3/5

injunction or interim order restraining them from alienating conveyance or in any manner dealing with the subject property in the above suit. On such representation along with the said affidavit, the 1st respondent shall register the same, if it is otherwise in order. If for any reason, the respondent Authority refuses to register the sale deed, the same would be done by issuing a refusal slip assigning reason. Accordingly, the writ petition is disposed of. No costs. 22.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No veda To:

The Sub-Registrar, Registration Department, Kadampuliyur, Cuddalore District.

MOHAMMED SHAFFIQ, J.

4/5

veda 22.08.2025 5/5