A.Ganesan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 37075 of 2024 A.Ganesan
...Petitioner
Vs.
1.The Inspector General of Registration 100 Santhome High Rd, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028 2.The District Registrar, Kancheepuram.
3.The Sub Registrar Joint 4 Kanchipuram Sub Registrar Office, Kamarajar Road, Taluk Office Campus, Kanchipuram - 631 501
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the 1/6
records of impugned order passed by the 2nd respondent in Na.Ka.No.525/A1/ 2024, dated 25.10.2024 and quash the same as illegal arbitrary and non-est in law and consequently direct the respondents to register the executed sale deed dated 10.03.2023 and release the registered sale deed to the petitioner For Petitioner :
Mr. Nandakumar For Respondents :
Mr. C.Sathish Government Advocate.
O R D E R
The Writ Petition is filed for the following relief: "To call for the records of impugned order passed by the 2nd respondent in Na.Ka.No.525/A1/ 2024, dated 25.10.2024 and quash the same as illegal arbitrary and non-est in law and consequently direct the respondents to register the executed sale deed dated 10.03.2023 and release the registered sale deed to the petitioner." 2/6
2. This Court in a similar case in the writ petition in W.P.No.37237 of 2024, has passed the following order: "5. In the considered view of this Court, respondents 2 and 3 failed to appreciate that the subject property, which is sought to be registered is not part of a layout and it is a large extent of land that is sought to be conveyed. The subject land is not a house site and therefore, there is no necessity for obtaining a regularization order. That apart, the patta stands in the name of one of the legal heirs of the said Mr.K.Kalyanasundaram, against whom and his sister, the said suit filed in O.S.No.136 of 2013 for specific performance was decreed on 27.11.2013 and the sale deed dated 29.4.2019 was executed through the Court in favour of the said Mr.Valayapathy. Therefore, the reasons, on which, the appeal filed by the petitioner was dismissed by the second respondent by the impugned order and also the order dated 08.1.2024 passed by the third respondent cannot at all be sustained.
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6. In the light of the above, the writ petition is allowed, the impugned order dated 25.10.2024 passed by the second respondent as well as the order dated 08.1.2024 passed by the third respondent are set aside and a direction is issued to the third respondent to register the sale deed presented by the petitioner within a period of two weeks from the date of its representation. Consequently, the connected WMP is closed.
The facts of the above case squarely applies to the facts of the present case.
Therefore, the Writ Petition is allowed. The impugned order dated 25.10.2024 is quashed. The respondents are directed to register the sale deed presented by the petitioner within a period of two weeks from the date of its re-presentation. No costs. 27.01.2025 Index : Yes/No Internet : Yes/No kan 4/6
To 1.The Inspector General of Registration 100 Santhome High Rd, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028 2.The District Registrar, Kancheepuram.
3.The Sub Registrar Joint 4 Kanchipuram Sub Registrar Office, Kamarajar Road, Taluk Office Campus, Kanchipuram - 631 501 5/6
P.T. ASHA, J, kan W.P.No. 37075 of 2024 27.01.2025 6/6