IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2025 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3713 of 2025 and W.M.P.No.4097 of 2025 1.Vignesh Karuppanna 2.Lakshmi ... Petitioners Vs. 1.The Inspector General of Registration 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai, Tamil Nadu 600 028. 2.The Sub Registrar, Thammampatty Salem 636 113. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in RFL/Thammampatty/3/2025 dated 21.1.2025 on the file of 2nd respondent and quash the same as illegal, incompetent and further direct the 2nd respondent to register the sale deed presented in TP/20696340/2025 within a stipulated time. 1/5 https://www.mhc.tn.gov.in/judis For Petitioner : Ms.R.Sripriya For Respondents : Mr.B.Vijya Additional Government Pleader O R D E R This writ petition has been filed challenging the impugned refusal Check Slip issued by the 2nd respondent dated 21.01.2025 and for a consequential direction to the 2nd respondent to register the Sale Deed that was executed by the 1st petitioner in favour of the 2nd petitioner. 2.Heard Ms.R.Sripriya, learned counsel appearing on behalf of the petitioners and Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of the respondents. 3.On carefully reading the impugned refusal Check Slip, it is seen that the 2nd respondent has refused to register the document on the ground that only a preliminary decree has been passed in this case and the final decree is yet to be passed. However, while describing the property, a specific property with four boundaries was sought to be conveyed in favour of the 2nd petitioner. 2/5 https://www.mhc.tn.gov.in/judis 4.There is no dispute with regard to the fact that a preliminary decree has been passed in O.S.No.8 of 2004 with respect to S.No.304/2 and this preliminary decree has also been registered before the 2nd respondent. While so, if the 1st petitioner is intending to sell the property in favour of the 2nd petitioner, what can be sold is only the share that came in favour of the 1st petitioner in the preliminary decree. Once the share is sold in favour of the 2nd petitioner, the 2nd petitioner will get into the shoes of the 1st petitioner and thereafter, can prosecute the case in the final decree proceedings which will ultimately end up in the identification of the property and allotment of the same towards the share to which the 1st petitioner is entitled. Hence, while describing the property in the Sale Deed, it can only be described as the undivided share that is being purchased by the 2nd petitioner and which was granted in favour of the 1st petitioner by virtue of the preliminary decree. If such description is made in the Sale Deed and the necessary clauses are contained in the Sale Deed, the document can be entertained by the 2nd respondent and it can be registered, if it is otherwise in order. 3/5 https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH, J. ssr 5.In the result, this writ petition stands allowed in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 07.02.2025 Internet : Yes (2/2) Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Inspector General of Registration 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai, Tamil Nadu 600 028. 2.The Sub Registrar, Thammampatty Salem 636 113. W.P.No.3713 of 2025 4/5 https://www.mhc.tn.gov.in/judis and W.M.P.No.4097 of 2025 5/5 https://www.mhc.tn.gov.in/judis