Devi .N v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Devi ... Petitioner Vs.

1.The Inspector General of Registration, No.120, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The District Registrar, Tiruchirapalli District, Having its Office at District Court Complex, Tiruchirapalli - 620 001.

3.The Sub Registrar, Sub Registrar's Office, Srirangam, Tiruchirapalli - 620 006.

4.The Joint Commissioner, Arulmighu Ranganathaswamy Temple, Srirangam - 620 006.

... Respondents 1/4

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 relating to the impugned communication of the third respondent in Refusal Number RFL/Srirangam/55/2023 dated 03.11.2023 quash the same, consequently directing the third respondent to register the receipt in respect of the property in T.S.No.1805/2B situates at Block 34 in Ward II, Thiruvanaikovil Srinivasa Nagar, Sri Rangam Municipality, Vellithirumetham Village, Srirangam Taluk, Tiruchirapalli District.

For Petitioner : M/s.R.Jenifar Bibin For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 Mr.M.Saravanan for R.4

ORDER

Heard both sides.

2.The petitioner had availed loan from a financial institution. Loan account has since been settled. All that the petitioner wants is to register the discharge receipt. Citing the objection received from the fourth respondent, registration was refused. Challenging the refusal check slip, the present writ petition came to be passed.

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3.By registering the discharge receipt, the interest of the fourth respondent will not in any way be affected. Therefore, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the discharge receipt. It shall be registered by the third respondent subject to the fulfilment of the usual formalities. 4.However, I need to add a caveat. Since an objection has already been received from the fourth respondent in respect of the petition mentioned land, in respect of all future transactions, the registering authorities are directed to follow parameters laid down by the Hon'ble Division Bench in the decision reported in 2017 (3) CTC 135 (Sudha Ravi Kumar & Others Vs. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department and Others). This direction will take care of the interests of the fourth respondent. This writ petition is allowed on these terms. There shall be no order as to costs.

21.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The Inspector General of Registration, No.120, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The District Registrar, Tiruchirapalli District, Having its Office at District Court Complex, Tiruchirapalli - 620 001.

3.The Sub Registrar, Sub Registrar's Office, Srirangam, Tiruchirapalli - 620 006.

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