Palanisamy v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

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

1. The Inspector General of Registration, O/o The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, O/o District Registrar Office, Erode District, Erode.

3. The Sub Registrar, Sub Registrar Office, Thingalur, Erode District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip No.RFL/Thingalur/53/2025 dated 05.08.2025 issued by the 3rd respondent and quash the same as illegal and consequently directing the 3rd respondent to accept and register the settlement deed dated 05.08.2025 presented by the petitioner. 1/5

For Petitioner(s) : Ms.S.Sengodi for Mr.M.Kalaiyarasan For Respondents : Mr.U.Baranidharan Special Government Pleader

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 challenging refusal check slip dated 05.08.2025, whereby the Settlement Deed was refused registration on the premise that there is a mismatch in the boundaries between the Settlement Deed and the Original Title Deed viz., partition deed, in respect of the subject property comprised in Survey No.490/3, admeasuring Punjai Hector 0.16.00 (Old 499A, B Patta No.784) and R.Survey No.490/4, admeasuring Punjai Hector 1-38.50 (Old 499A, B Patta No.213).

3. It is submitted by the learned counsel for the petitioner that the impugned refusal slip has been issued without even affording the petitioner an opportunity to respond. If provided with an opportunity petitioner would have offered an explanation which would show that the reason set out in the refusal 2/5

check slip is wholly erroneous and factually incorrect.

4. Learned Special Government Pleader appearing for respondents 1 to 3 would submit that the petitioner re-present the settlement deed along with their response to the reason set out in the impugned refusal check slip. On such representation the settlement deed would be registered, if it is otherwise in order.

5. In view thereof, the impugned refusal check slip dated 05.08.2025 is set aside. It is open to the petitioner to re-present the documents along with their response/explanation to the reason set out in the impugned refusal check slip dated 05.08.2025. On such re-presentation, the settlement deed shall be registered, if it is otherwise in order. If for any reason, registration of settlement deed is sought to be refused, the concerned respondent shall issue refusal slip/order assigning appropriate reasons. 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 the concerned respondent to consider the matter on its own merits and in accordance with law.

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6. Accordingly, the writ petition stands disposed of. No costs. 28.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The Inspector General of Registration, O/o The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, O/o District Registrar Office, Erode District, Erode.

3. The Sub Registrar, Sub Registrar Office, Thingalur, Erode District.

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MOHAMMED SHAFFIQ, J.

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