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Madras High CourtWP/40892/2025disposed of

V.Palanichamy v. The Inspector General Of Registration

2025-11-04Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2025 Coram THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.40892 of 2025 V.Palanichamy

...Petitioner

Vs.

1. The Inspector General Of Registration, Office Of The Inspector General Of Registration, Chennai 600 028.

2.The Deputy Inspector General Of Registration, Chenglapattu Zone, Chengalpattu - 603 001.

3.The District Registrar Kancheepuram District, Kancheepuram 631 501.

4.The Sub Registrar, Sub Registrar Office- Thamal, Kancheepuram - 631 602.

...Respondents

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Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the records relating to the impugned order passed by the 2nd respondent in Se Mu. Aa. No. 1553/ E1 / 2025 dated 28.05.2025 and quash the same and direct the 4th respondent to forthwith return the original registered Sale Deed bearing Document No. 722 of 2023 on the file of the 4th respondent to the petitioner. For Petitioner :

Mr.M.Deivanandam For Respondents :

Mr. Abishek Murthy Government Advocate ***

O R D E R

Mr.Abishek Murthy, learned Government Advocate takes notice on behalf of the respondents. With the consent of both sides,the Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed challenging the order passed by the 2nd respondent dated 28.05.2025 and to quash the same and direct the 4th respondent to forthwith return the original registered Sale Deed bearing Document No. 722 of 2023 on the file of the 4th respondent to the petitioner. 2/7

3. The learned counsel appearing for the petitioner would submit that the petitioner purchased the subject property from one Mr.Palani vide Document No.722 of 2023 dated 19.05.2023. Further, he would submit that despite completion of registration, original registered document was not returned to the petitioner. But, nearly after two years, the 2nd respondent passed the impugned order dated 28.05.2025 reclassifying the Petitioner's property from Residential Class I Type III to Industrial Type III and fixing the market value at Rs.250 per sq.ft. Challenging the same, this petition has been filed by the petitioner.

3.1. Further, he would submit that impugned order has been passed without issuing prior notice and without affording an opportunity of hearing to the petitioner and therefore the same suffers from violation of principles of natural justice and is liable to be aside.

4. The learned Additional Government Pleader appearing for the respondents would fairly submit that the respondent is ready to provide an opportunity of personal hearing to the petitioner to put forth his defence. He 3/7

therefore prays for appropriate orders.

5. Heard both sides. Perused the records.

6. In the present case, it appears that opportunity of personal hearing has not been provided to the petitioner to put forth his case. Hence, this Court is of the view that the impugned order passed is in violation of principles of natural justice and it is just and necessary to provide an opportunity to the petitioner to establish his case on merits. In such view of the matter, this Court is inclined to set aside the impugned order dated 28.05.2025 passed by the 2nd Respondent. Accordingly, this Court passes the following order:- (i) The order impugned herein is set aside and the matter is remanded back to the 2nd Respondent for fresh consideration.

(ii) The 2nd respondent shall issue prior notice to the petitioner and thereafter pass orders afresh on merits and in accordance with law, by taking into 4/7

consideration of the documentary evidence produced by the petitioner, as expeditiously as possible. This Writ Petition is disposed of with the aforesaid directions. No costs. Consequently, connected Miscellaneous Petition is closed. 04.11.2025 Speaking order / Non-Speaking order Index : Yes / No : Yes / No arr To 5/7

1. The Inspector General Of Registration, Office Of The Inspector General Of Registration, Chennai 600 028.

2.The Deputy Inspector General Of Registration, Chenglapattu Zone, Chengalpattu - 603 001.

3.The District Registrar Kancheepuram District, Kancheepuram 631 501.

4.The Sub Registrar, Sub Registrar Office- Thamal, Kancheepuram - 631 602.

KRISHNAN RAMASAMY, J.

, arr 6/7

W.P.No.40892 of 2025 04.11.2025 7/7