A.K.Prabhakaran v. The Sub-Registrar-Selaiyur

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.K.Prabhakaran

...Petitioner

Versus

1.The Sub-Registrar Selaiyur, Tambaram - Selaiyur Combined Sub-Registrar Office, Sabai Colony, Rajakeelapakkam, Chennai - 600 073.

2.K.Senathipathy

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to unblock the survey numbers in respect of the petitioner's property situated in Survey Nos.38, 38/1B, 38/4, 38/4B, 39/6A, 39/6B, 39/6C, 39/6A2 and 69/6 (part) in Perumbakkam Village thereby enabling the petitioner for registration of deeds.

For Petitioner :

Mr.A.S.Baalaji For Respondent - 1 :

Mr.Abishek Murthy, Government Advocate 1/5

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 in this writ petition, notice to 2nd respondent is dispensed with.

2. The relief sought in this writ petition is to direct the 1st respondent to unblock the survey numbers in respect of petitioner's property comprised in Survey Nos.38, 38/1B, 38/4, 38/4B, 39/6A, 39/6B, 39/6C, 39/6A2 & 69/6 (part) situated at Perumbakkam Village, thereby, enabling the petitioner to register deeds.

3. The learned counsel for the petitioner submitted that the petitioner presented a Sale Deed before 1st respondent for registration, but, 1st respondent refused to register the said Sale Deed for the reason that 2nd respondent submitted a Protest Petition before 1st respondent requesting not to register any documents in respect of subject property and the same is pending. He further submitted that the petitioner sought for a copy of said Protest Petition, but, 1st respondent refused to furnish the same to the 2/5

petitioner. Subsequently, Survey Nos.38, 38/1B, 38/4, 38/4B, 39/6A, 39/6B, 39/6C, 39/6A2 & 69/6 (part) have been blocked for registration. Aggrieved over the same, petitioner gave a Representation dated 18.03.2025 to 1st respondent requesting to unblock the Survey Nos.38, 38/1B, 38/4, 38/4B, 39/6A, 39/6B, 39/6C, 39/6A2 & 69/6 (part), but, 1st respondent did not respond to petitioner's Representation.

4. The learned Government Advocate appearing for 1st respondent submitted that there is no blocking of Survey Nos.38, 38/1B, 38/4, 38/4B, 39/6A, 39/6B, 39/6C, 39/6A2 and 69/6 (part). He further submitted that if the aforesaid Protest Petition is still pending, 1st respondent shall furnish a copy of the same to the petitioner and petitioner may submit their response to protest petition while re-presenting the Sale Deed for registration.

5. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition on the following terms: (i) It is open to the petitioner to re-present the Sale Deed before 1st respondent for registration.

ii) A copy of the Protest petition if any, pending, shall be provided to 3/5

the petitioner who may then submit his response to protest petition while representing the sale deed. The 1st respondent would then consider the said Sale Deed and register the same if it is otherwise in order, after issuing notice and affording an opportunity of hearing to the petitioner and 2nd respondent.

(iii) If for any reasons, registration of Sale Deed is sought to be refused, 1st respondent shall issue a Refusal Check Slip/Order assigning appropriate reasons.

(iv) 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 1st respondent to consider the matter on its own merits and in accordance with law. No costs. 28.08.2025 mrr Index : Yes/No To The Sub-Registrar Selaiyur, Tambaram - Selaiyur Combined Sub-Registrar Office, Sabai Colony, Rajakeelapakkam, Chennai - 600 073.

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MOHAMMED SHAFFIQ, J.

mrr 28.08.2025 5/5