Rethinamoorthy v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Rethinamoorthy ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai-600 028.

2.The Sub Registrar, Thondi, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for records pertaining to the impugned refusal check slip in RFL/Thondi/3/2021 dated 29.03.2021 passed by the 2nd respondent and quash the same and consequentially directing him to register the sale deed dated 29.03.2021 executed in favour of the petitioner in respect of the undivided share of the executants in the property bearing Survey No. 457/23, Piranthanvayal Village, Neivayal Group Sirumalaikottai Panchayat, Thiruvadanai 1/4

Panchayat Union, Thiruvadanai Taluk, Ramanathapuram District, within a time frame that may be fixed by this Court.

For Petitioner : Mr.J.barathan For Respondents : Mr.A.K.Manikkam, Special Government Pleader

O R D E R

This Writ Petition has been filed challenging the refusal check slip issued by the second respondent, refusing to register the sale deed executed in favour of the petitioner on 29.03.2021.

2. Heard the learned counsel on either side.

3. The second respondent has issued the refusal check slip on the ground that the very same subject property in Survey No.457 of 2023 at Pranthanvayal Village was already dealt with through an earlier document. The relevant Encumbrance Certificate was also produced before this Court and it shows that the same property was dealt with through a registered sale deed dated 29.08.1975 by Maruthamuthu Udaiyaar and Ravichandran in favour of one Sasthamuthu and this document was registered as Document No.1401 / 1975. In view of the above, this Court does not find 2/4

any ground to interfere with the refusal check slip. It is always left open to the petitioner to question the earlier transaction whereby the same property was dealt with, in the manner known to law. Except giving this liberty, no further orders can be passed in this Writ Petition.

4. This Writ Petition is disposed of in the above terms. No costs.

15.12.2023 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai-600 028.

2.The Sub Registrar, Thondi, Ramanathapuram District.

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N.ANAND VENKATESH, J.

TSG 15.12.2023 4/4