Binu v. The Joint Sub Registrar No.Ii

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Binu ... Petitioner Vs 1.The Joint Sub Registrar No.II, Sivagangai.

2.The Central Bureau of Investigation, Office of HOB and DIG of Police, CBI, EO-VII, Bhubaneswar Qtr.No.4R/19, Unit 8, Bhubaneswar - 751 012. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, order or direction in the nature of a writ, to call for the records of the Impugned Refusal Check Slip in RFL/No.2 Joint Sub Registrar Sivagangai/8/2025 dated 21.04.2025 on the file of the 1st Respondent and quash the same and further directing the 1st Respondent to receive and register the sale deed dated 21.04.2025 executed by the Petitioner. For Petitioner : Mr.G. Prabhu Rajadurai For R1 : Mr.S. Suriya Ananth Additional Government Pleader For R2 : Mr.C.Muthu Saravanan Special Public Prosecutor 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the Impugned Refusal Check Slip in RFL/No.2 Joint Sub Registrar Sivagangai/8/2025 dated 21.04.2025 on the file of the 1st Respondent and consequently direct the 1st Respondent to receive and register the sale deed dated 21.04.2025 executed by the Petitioner.

2. The 2nd respondent has refused to register the sale deed based on a communication from the Superintendent of Police, CBI, ACB, Bhubaneswar. This Court directed both the petitioner and the 2nd respondent to clarify the status of the case and indicate whether the said property has been attached pursuant to the proceedings.

3. Upon instructions, the Learned Special Public Prosecutor appearing for the 2nd respondent submitted that the said property has not been attached. The relevant written communication, dated 20.06.2025, has also been produced before this Court.

4. In view of the above, this Court is of the considered opinion that the impugned proceedings issued by the 1st respondent are erroneous and liable to be quashed.

2/4

5. Accordingly, the impugned Refusal Check Slip in RFL/No.2 Joint Sub Registrar Sivagangai/8/2025 dated 21.04.2025 is hereby quashed. Consequently, the 1st respondnet is directed to register the sale deed within a period of four weeks, from the date of receipt of a copy of the order.

6. With the above observations, this Writ Petition is Allowed. There shall be no order as to costs.

23.06.2025 NCC : Yes / No [2/4] Index : Yes / No Internet : Yes KSA To 1.The Joint Sub Registrar No.II, Sivagangai.

2.The Central Bureau of Investigation, Office of HOB and DIG of Police, CBI, EO-VII, Bhubaneswar Qtr.No.4R/19, Unit 8, Bhubaneswar - 751 012.

3/4

S.SRIMATHY , J.

KSA ORDER MADE IN [2/4] DATED : 23.06.2025 4/4