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Writ Petition No.13091 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.04.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.13091 of 2025 Rangasamy S/o.Karuppan Petitioner Vs The Sub Registrar O/o.The Sub Registrar, Punjai Puliyamppati- Post, Erode District. Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the refusal Check Slip in RFL/ Punchaipuliyampatti/13/2025 on the file of the respondent dated 06.03.2025 and quash the same and further direct the respondent to admit and register the Memorandum of Deposit of Title Deeds dated
26.02.2025. For Petitioner : Mr.D.Veerasekaran For Respondent : Mr.U.Baranidharan Special Government Pleader ***** 1/4 https://www.mhc.tn.gov.in/judis
Writ Petition No.13091 of 2025 O R D E R This writ petition has been filed challenging the refusal check slip dated 06.03.2025 issued by the respondent and for a consequential direction to the respondent to admit and register the Memorandum of Deposit of Title Deeds dated 26.02.2025. 2. Heard Mr.D.Veerasekaran, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondent. 3. The refusal check slip has been issued by the respondent on the ground that there is a serious dispute on the title and the respondent has relied upon the circular issued by the Inspector General of Registration under Rule 55-A of the Registration Rules. 4. In the considered view of this Court, the circular relied upon is non-est in the eye of law in view of the judgment of the Apex Court in K.Gopi v. Sub-Registrar and others [2025 (2) CTC 777]. The Apex Court has held that Rule 55-A(i) of the Registration Rules is ultra vires Section 69 and hence is unenforceable. Therefore, the circular issued by 2/4 https://www.mhc.tn.gov.in/judis
Writ Petition No.13091 of 2025 the Inspector General of Registration under the said Rule becomes non- est in the eye of law. In view of the above, the impugned refusal check slip issued by the respondent is hereby quashed and there shall be a direction to the respondent to register the Memorandum of Deposit of Title Deeds dated 26.02.2025, if it is otherwise in order. This writ petition is allowed with the above direction. No costs. 22.04.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub Registrar O/o.The Sub Registrar, Punjai Puliyamppati- Post, Erode District.
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Writ Petition No.13091 of 2025 N.ANAND VENKATESH, J gm Writ Petition No.13091 of 2025 22.04.2025 4/4 https://www.mhc.tn.gov.in/judis