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2025 DAILYLAW 188765 (MAD)

PALANISAMY v. THE INSPECTOR GENERAL OF REGISTRATION

WP/32216/2025 · 2025-08-28

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

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W.P. No.32216 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.08.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.32216 of 2025 Palanisamy ... Petitioner Vs. 1. The Inspector General of Registration, O/o The Inspector General of Registration, Santhome High Road, Chennai. 2. The District Registrar, O/o District Registrar Office, Erode District, Erode. 3. The Sub Registrar, Sub Registrar Office, Thingalur, Erode District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip No.RFL/Thingalur/53/2025 dated 05.08.2025 issued by the 3rd respondent and quash the same as illegal and consequently directing the 3rd respondent to accept and register the settlement deed dated 05.08.2025 presented by the petitioner. 1/5 https://www.mhc.tn.gov.in/judis W.P. No.32216 of 2025 For Petitioner(s) : Ms.S.Sengodi for Mr.M.Kalaiyarasan For Respondents : Mr.U.Baranidharan Special Government Pleader ORDER By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2. The present writ petition is filed challenging refusal check slip dated 05.08.2025, whereby the Settlement Deed was refused registration on the premise that there is a mismatch in the boundaries between the Settlement Deed and the Original Title Deed viz., partition deed, in respect of the subject property comprised in Survey No.490/3, admeasuring Punjai Hector 0.16.00 (Old 499A, B Patta No.784) and R.Survey No.490/4, admeasuring Punjai Hector 1-38.50 (Old 499A, B Patta No.213). 3. It is submitted by the learned counsel for the petitioner that the impugned refusal slip has been issued without even affording the petitioner an opportunity to respond. If provided with an opportunity petitioner would have offered an explanation which would show that the reason set out in the refusal 2/5 https://www.mhc.tn.gov.in/judis W.P. No.32216 of 2025 check slip is wholly erroneous and factually incorrect. 4. Learned Special Government Pleader appearing for respondents 1 to 3 would submit that the petitioner re-present the settlement deed along with their response to the reason set out in the impugned refusal check slip. On such re- presentation the settlement deed would be registered, if it is otherwise in order. 5. In view thereof, the impugned refusal check slip dated 05.08.2025 is set aside. It is open to the petitioner to re-present the documents along with their response/explanation to the reason set out in the impugned refusal check slip dated 05.08.2025. On such re-presentation, the settlement deed shall be registered, if it is otherwise in order. If for any reason, registration of settlement deed is sought to be refused, the concerned respondent shall issue refusal slip/order assigning appropriate reasons. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. 3/5 https://www.mhc.tn.gov.in/judis W.P. No.32216 of 2025 6. Accordingly, the writ petition stands disposed of. No costs. 28.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No spp To: 1. The Inspector General of Registration, O/o The Inspector General of Registration, Santhome High Road, Chennai. 2. The District Registrar, O/o District Registrar Office, Erode District, Erode. 3. The Sub Registrar, Sub Registrar Office, Thingalur, Erode District. 4/5 https://www.mhc.tn.gov.in/judis W.P. No.32216 of 2025 MOHAMMED SHAFFIQ, J. spp W.P. No.32216 of 2025 28.08.2025 5/5 https://www.mhc.tn.gov.in/judis