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Madras High CourtWP/35039/2024disposed of

M.Ganesan v. The Inspector General Of Registration

2025-08-04Honourable Mr.Justice Mohammed Shaffiq6 pages

2025:MHC:2260

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-08-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Ganesan Petitioner(s) Vs 1.The Inspector General of Registration Santhome High Road, Chennai-600 028.

2.The District Registrar, Office of The District Registrar, Salem Salem District.

3.The Sub Registrar Office Of The Sub Registrar, Mugudanchavadi, Salem District.

4.The Joint Commissioner, HR and CE, Siddeshwarar Thirukoil, Kanjamalai, Salem West Circle, Salem District.

(R4 Impleaded vide order dated

20.06.2025 made in WMP.40296/2024 In WP.35039/2024) Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3 rd respondent to permit the petitioner to submit the Gift Deed bearing TP No.192073320/2024, and consequently directing the 3rd respondent to register the Gift Deed and to in favour of the Commissioner of Municipality Corporation of Indangana Salai, Sangagiri Taluk, Salem District.

For Petitioner(s):

Mr.V.Nithyanandam For Respondent(s):

Mr.U.Baranidharan, SGP For R1 to R3 Mr.N.R.R.Arun Natarajan, SGP For R4 [H.R.&.C.E]

ORDER

The present writ petition is filed praying for a writ of Mandamus to direct rd respondent to accept and register the Gift Deed bearing TP No. the 3 192073320/2024 in favour of the Commissioner, Municipality Corporation of Indanagar Salai, Salem District.

2. It is submitted by the learned counsel for petitioner that petitioner

purchased properties in Survey Nos. 139/1, 139/2, and 9779 through sale deeds dated 23.06.2020. As the absolute owner, the petitioner intends to gift the property to the Municipality Corporation, Idangana Salai. However, the 2nd respondent refused to register the Gift Deed without valid reasons, despite the Temple clarifying that the land is not temple property and the Thasildar issuing a No Objection Certificate. Therefore, petitioner has filed the present writ petition seeking registration of sale deed.

3. At the outset, it is submitted by learned Special Government Pleader appearing on behalf of the respondents that petitioner may represent the gift deed for registration, and if any gift deed is presented, the same would be registered if it is otherwise in order. If for any reason, the same is sought to be rejected, the appropriate authority would issue refusal check slip/order assigning reasons for such refusal, which was agreed to by the learned counsel for petitioner.

4. In view thereof, the Writ Petition stands disposed of. It is open to the petitioner to represent the gift deed for registration, the concerned respondent shall consider and register the document if it is otherwise in order, if for any reason the registering authority finds that the registration ought to be refused, the same shall be done after assigning reasons. It is made clear that this Court has not expressed any views on merits of the case, it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

04-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni

To 1.The Inspector General of Registration Santhome High Road, Chennai-600 028.

2.The District Registrar, Office Of The District Registrar, Salem Salem District.

3.The Sub Registrar Office Of The Sub Registrar, Mugudanchavadi, Salem District.

4.The Joint Commissioner, Hr And Ce, Siddeshwarar Thirukoil, Kanjamalai, Salem West Circle, Salem District.

MOHAMMED SHAFFIQ J.

Jeni 04-08-2025