M.T.Vrinda v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 38894 of 2024 M.T.Vrinda

...Petitioner

Vs.

1.The Inspector General of Registration Santhome High Road, Chennai-4 2.The Sub Registrar Madhavaram, Chennai 3.Azizul Karim

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records in refusing to register the sale deed vide impugned letter dated 29.11.2024 refusal No. RFL/Madavaram/26/2024 issued by the 2nd 1/5

respondent and quash the same and further direct the 2nd respondent to register and return the sale deed dated 20.11.2024 presented by the petitioner.

For Petitioner :

Mr. T.N.Rajagopalan For Respondents :

Mr. B.Vijay 1 & 2 Additional Government Pleader.

O R D E R

The reason for the 2nd respondent to refuse the registration is on the ground that there is an injunction order restraining registration in O.S.No.146 of 2017 on the file of the District Munsif, Thiruvottiyur. The petitioner's husband purchased the property which is the subject matter of this Writ Petition, under a registered sale deed dated 05.07.1995 and had been in possession and enjoyment of the same till his death on 14.09.2022.

2. Thereafter, the subject property was inherited by the petitioner. It was when the petitioner decided to sell the property and when the 2/5

sale deed was presented on 20.11.2024 that she had come to know about the injunction that has been granted in O.S.No.146 of 2017 on the file of the District Munsif, Thiruvottiyur.

3. A perusal of the said decree clearly shows that neither the petitioner nor her husband were parties to the same and nor was the registering authority a party to the proceedings. Therefore, there is no injunction restraining the registration of the sale deed.

4. The Writ Petition is allowed. The impugned refusal check slip is quashed. The 2nd respondent is directed to register the sale deed, within a period of 2 weeks from the date of its re-presentation. No costs.

20.12.2024 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Inspector General of Registration Santhome High Road, Chennai-4 2.The Sub Registrar Madhavaram, Chennai 4/5

P.T. ASHA, J, kan W.P.No. 38894 of 2024 20.12.2024 5/5