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Madras High CourtWP(MD)/6949/2025allowed

Rehoboth Industries v. The Sub-Registrar

2025-03-18Honourable Mr Justice V. Lakshminarayanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition(MD)No.6949 of 2025 Rehoboth Industries, rep. by its Proprietor, P.Sam Dhanaraj, 16, South Street, Kannanallur, Radhapuram Taluk, Tirunelveli District - 627 113.

..Petitioner Vs The Sub Registrar, Valliyoor Registrar Office, Valliyoor.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the impugned refusal check slip in Refusal No.RFL/Valliyoor/9/2025 dated 26.02.2025 passed by the first respondent and quash the same and consequently direct the respondent to register the sale deed presented by the petitioner dated 26.02.2025.

For Petitioner : Mr.G.Sailendrababu For Respondent : Mr.R.Sureshkumar Addl. Govt. Pleader 1/6

ORDER

The petitioner seeks to quash the impugned refusal check slip in Refusal No.RFL/Valliyoor/9/2025 dated 26.02.2025 issued by the respondent and to direct the respondent to register the sale deed presented by the petitioner dated 26.02.2025.

2. The petitioner claims to be the proprietor of Rehoboth Industries. The property in S.No.1661 of Valliyoor Village, Radhapuram Taluk, Tirunelveli District was originally classified as "Meikkal Puramboke." It was taken over by the Tamil Nadu Small Industries Development Corporation Limited (TNSIDCO), and plots were laid out. One such plot, bearing No.82, was allotted to the petitioner on 30.03.2012. The possession of the property was handed over to the petitioner on 24.07.2020.

3. The petitioner has constructed a commercial complex over the site after obtaining building plan approval from the Executive Officer (North), Valliyoor Town Panchayat, on 15.03.2024. The petitioner proposes to put up a Plastic Recycling Unit in and over the site. In order to obtain a loan for the business, he approached the Tamil Nadu Industrial Cooperative Bank Ltd. The bank sanctioned the loan on 24.12.2024. Thereafter, the petitioner executed a 2/6

mortgage deed in favour of the bank on 04.02.2025. However, when he presented the document for registration, the same was returned on the ground that the petitioner has not produced the original of the parent deed and no document has been executed by the SIDCO in his favour. Consequently, the respondent issued the impugned refusal check slip. Hence, this writ petition.

4. I heard Mr.G.Sailendrababu for the petitioner and Mr.R.Sureshkumar, learned Additional Government Pleader for the respondent.

5. Mr.G.Sailendrababu drew my attention to the allotment order issued by the SIDCO on 30.03.2012 to point out that an extent of 0.257 acres of the SIDCO Industrial estate had been allotted in favour of the writ petitioner. He states that the petitioner had paid the entire tentative cost as fixed by the SIDCO and had taken over possession on 24.07.2020. He points out that on 09.12.2024, SIDCO had also given a No Objection Certificate to the petitioner for raising a loan over the property. He pleads that the impugned order calling upon the petitioner to produce the original records reeks of non-application of mind, as the petitioner has produced the original allotment letter and the amended letter as well as the "No Objection" Certificate, that was given by SIDCO to raise a loan.

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6. Per contra, Mr.R.Sureshkumar, learned Additional Government Pleader urges that as the original records had not been produced, the respondent had issued the impugned refusal check slip.

7. I have carefully considered the submission of both sides.

8. Narration of the facts shows that the petitioner was benefited with the allotment on 30.03.2012 which was subsequently amended on 25.07.2019. The Assistant Executive Engineer, SIDCO, Madurai, had also handed over the possession of the property on 24.07.2020. The petitioner has also obtained DTCP approval in Approval No.44/2011. On 06.12.2024, M/s SIDCO has also accorded permission to the writ petitioner to change the activity of business to Plastic Recycling Industry. When all the approvals are in place, the impugned order of the respondent, calling upon the petitioner to produce the original documents, cannot be sustained as the same suffers from non-application of mind.

9. The property was "Meikkal Puramboke" and therefore, there cannot be a title deed for such property. It has been taken over by SIDCO and the plots 4/6

have been laid out. The SIDCO has lawfully transferred the property in favour of the petitioner. Therefore, the parent deeds for the petitioner's property are the original and amended allotment letters. When both the letters are produced, it is the duty of the respondent to receive the document and register the same.

10. In the light of the above discussion, the impugned refusal check slip in Refusal No.RFL/Valliyoor/9/2025 dated 26.02.2025 issued by the respondent is quashed. The writ petition is allowed. There shall be a direction to the respondent to receive the document presented by the petitioner and register the same within a period of two weeks from the date of uploading of this order.

11. Call the matter on 08.04.2025 for reporting compliance. 18.03.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To The Sub Registrar, Valliyoor Registrar Office, Valliyoor.

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V.LAKSHMINARAYANAN, J.

skn Writ Petition(MD)No.6949 of 2025 18.03.2025 6/6