Tamilselvan .M v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Tamilselvan ... Petitioner Vs.

1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai-600028.

2.The Joint Sub Registrar, Musiri, Trichy District.

... Respondents 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 pertaining the impugned refusal check slip in RFL/Musiri/62/2022, dated 03.06.2022 passed by the second respondent and quash the same and consequently directing him to register the sale agreement dated 03.06.2022 executed by the petitioner in favour of Satheeshkumar. For Petitioner : Mr.J.Bharathan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner presented the sale agreement in question for registration. The second respondent declined to register the document and issued the impugned refusal check slip. Questioning the same, this writ petition has been filed.

3. The impugned refusal check slip is anchored on two grounds. (I) Non production of the title deed.

(II) Non cancellation of the previous sale agreement.

4. The petitioner is very much in possession of the original title deed and he is ready to produce the same. This submission is recorded. Merely because, the petition mentioned property is the subject matter of the sale agreement, that cannot be a ground for refusing to register the subsequent sale agreement. The issue on hand has already been answered in favour of the petitioner in the decision reported in 2020 6 CTC 697 (N.Ramayee Vs. Sub Registrar). The impugned refusal check slip is quashed. The petitioner is permitted to represent the sale agreement in question. The second respondent is directed to entertain the same and register it and release it subject to fulfilment of the other formalities.

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5. The Writ Petition is allowed. No costs.

01.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai-600028.

2.The Joint Sub Registrar, Musiri, Trichy District.

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G.R.SWAMINATHAN, J.

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