M.Muthu v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. M.Muthu S/o.Muthu 2.A.Palanisamy S/o.Arumugam 3.K.Mythili, W/o.Late.Kannan 4.K.M.Lingeswaran S/o.Late.Kannan 5.P. Selvarasu S/o.Perumal Petitioners Vs

1. The Sub Registrar Puduchatram, Namakkal District.

2.The Inspector of Police Central Crime Branch, Salem.

3.B.Chakravarthi S/o.S.Balasubramaniyan Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to complete the registration of the sale deed dated 25.07.2016 executed by the petitioners in favour of N.Seethalakshmi and return the registered document to the petitioners forthwith by considering the representation given by petitioners dated 09.09.2024 within a time frame fixed by this Court.

For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.P.Harish Government Advocate [R1] Mr.V.J.Priyadarsana Government Advocate [Crl.side] [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to register the sale deed dated 25.07.2016 executed by the petitioners and to release the document.

2. Heard Mr.K.Sathish Kumar, learned counsel for petitioners, Mr.P.Harish, learned Government Advocate appearing for first respondent and Mr.V.J.Priyadarsana, learned Government Advocate [Crl.side] appearing for second respondent.

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3. The sale deed presented for registration was refused to be registered on the ground that a criminal case is pending and a communication has been received from the police in this regard.

4. Learned Government Advocate appearing on behalf of the second respondent submitted that already investigation has been completed and police report has been filed before the concerned Court.

5. The issue involved in the present case is covered by the earlier order passed by this Court in R.Madhupriya and another v. Inspector General of Registration and another [2020 SCC OnLine Mad 20112]. This Court has categorically held that registration cannot be stopped based on a communication received from the police since the police do not have any such power to stop registration of documents.

6. In view of the above, there shall be a direction to the first respondent to register the sale deed, if it is otherwise in order. 3/4

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

16.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Sub Registrar Puduchatram, Namakkal District.

2.The Inspector of Police Central Crime Branch, Salem.

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