W.P.No.18527 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2025 CORAM: THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.18527 of 2025 and W.M.P.No.20796 of 2025 Mr.R.Ganesan ... Petitioner(s) Vs. The Sub Registrar, Elavanasur Registrar Office, Ulundurpettai Taluk, Kallakuruchi District. ...Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the record pertaining to the impugned order bearing Refusal Number: RFL/Elavasanurkottai/58/2025 dated 22.04.2025 passed by the Respondent is illegal and quash the same, Subsequently, directing the Respondent to register the Petitioner's document bearing Temporary No. TP/217225662/2025. For Petitioner(s) : Ms.K.Varsha For Respondent(s) : Mr.U.Baranidharan Special Government Pleader ORDER The present writ petition is filed for a writ of certiorarified mandamus challenging the impugned order in RFL/Elavasanurkottai/ 1/6 https://www.mhc.tn.gov.in/judis W.P.No.18527 of 2025 58/2025 dated 22.04.2025 passed by the respondent and consequently direct the respondent to register the Sale Deed bearing Temporary No. TP/217225662/2025. 2.It is submitted by the learned counsel for the petitioner that the property comprised in S.No.414/7, sub divided as S.No.414/7C, measuring an extent of 0.76 ½ cents (0.31.00 ares) bearing Patta No.5349, situated at Pidagam Village, Ulundurpettai Taluk, Kallakurichi District originally belonged to petitioner's vendor one Shaik Ammanullah and the Sale Deed was registered as Document No.3589/2024 before the Sub Registrar Office, Elavanasur. 3.The impugned order dated 22.04.2025 refuses registration on the premise that a suit/appeal is pending in respect of the subject property. Relevant portion of the above order is extracted hereunder: nkYk; jpU/jdghy; ,jid vjph;j;J brd;id cah;ePjpkd;wj;jpy; nky;KiwaPL bra;J S.A.NO.383/2011 jPh;g;ghizapy; brd;id cah;ePjpkd;wk; tHf;fpid uj;J bra;J fPHik ePjpkd;wk; kPz;Lk; tHf;fpid tprhhpj;J cj;jutpl ntz;Lk; vd jPh;g;gspj;Js;sJ/ nkw;fz;l rh;nt vz;zpid bghWj;J chpikapay; ePjpkd;wj;jpy; tHf;F epYitapy; cs;s fhuzj;jpdhy; Mtzk; gjpt[ bra;ahky; 2/6 https://www.mhc.tn.gov.in/judis W.P.No.18527 of 2025 kWjspf;fg;gl;lJ/ 4.It is submitted that pursuant to the order passed by this Court in S.A.No.383 of 2011 dated 30.11.2016, the matter stands restored to the II Additional Subordinate Judge, Viluppuram in A.S.No.48 of 2010. 5.It is submitted by the learned counsel for the petitioner that mere pendency of appeal or suit cannot be a reason for rejecting to register the Sale Deed dated 13.08.2024 submitted by the petitioner unless there is an order of injunction. 6.It is submitted by learned Special Government Pleader for the respondents would submit that petitioner may have to submit an affidavit stating that there is no interim injunction/orders. If such an affidavit is submitted, the Sale Deed dated 13.08.2024 would be registered, if it is otherwise in order. If for any reason, registration of Sale Deed is sought to be refused, the respondent shall issue refusal slip/order assigning appropriate reasons, which was agreed to by the learned counsel for the petitioner. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.18527 of 2025 7.In view thereof, the Writ Petition stands disposed of. It is open to the petitioner re-present the sale deed for registration along with an affidavit clarifying that there is no interim injunction/orders against alienation and on such representation the same would be registered if it is otherwise in order. If for any reason, registration of Sale Deed is sought to be refused, the 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 case on its own merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 13.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order Neutral Citation: Yes/No pam 4/6 https://www.mhc.tn.gov.in/judis W.P.No.18527 of 2025 To The Sub Registrar, Elavanasur Registrar Office, Ulundurpettai Taluk, Kallakuruchi District. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.18527 of 2025 MOHAMMED SHAFFIQ, J. pam W.P.No.18527 of 2025 13.06.2025 6/6 https://www.mhc.tn.gov.in/judis