W.P.No.24174 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.24174 of 2025 N.R.Ravi : Petitioner Vs. 1.The Inspector General of Registration, No.100, Santome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai 600 028 2.The District Registrar District Register Office, Gandhi Nagar, Dharmapuri 636 701 3.The Sub Registrar, Dharmapuri West Sub-Registrar Office, Dharmapuri 636 701 : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus calling for the records relating to the refusal check slip issued by the 3rd respondent in RFL/Dharmapuri West/51/ 2025 dated 13.05.2025, quash the same as illegal and arbitrary and consequently direct the 3rd respondent to register the release deed dated 13.05.2025. 1/8 https://www.mhc.tn.gov.in/judis W.P.No.24174 of 2025 For Petitioner : Mr.R.Venkatesh 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 the impugned refusal check slip dated 13.05.2025 issued by the third respondent, whereby the release deed dated 13.05.2025 executed by Sudamani in favour of the petitioner was refused to be registered. 3. It is submitted by the learned counsel for petitioner that petitioner's father, Rajagopal sold a part of the land comprised in Survey No.85/2, situated at Dharmapuri District, Nallampalli Circle, Dharmapuri West to one Sudamani vide document No.1096/1991 and allotted 1/3 share over the 12 feet pathway to Sudamani. The revenue authority issued a joint patta in Patta No.1018, including the names of Sudamani, petitioner and Rajagopal in S.No.85/2D for the said pathway. It is submitted that Sudamani decided to relinquish his 1/3rd 2/8 https://www.mhc.tn.gov.in/judis W.P.No.24174 of 2025 share over the 12 feet pathway and decided to execute a release deed in respect of the pathway in favour of the petitioner. When the release deed dated 13.05.2025 was presented before the third respondent for registration, the same was refused registration on the premise that there is no land allocated for public use and the document holder was informed to resubmit with a no-objection certificate. 4. Learned Special Government Pleader submitted that the property comprised in S.No.85/2 are house sites which are not approved. 5. It is submitted by the learned counsel for the petitioner that the property that is sought to be sold is not a layout and therefore the question of obtaining approval may not even arise. 6. Learned Special Government Pleader would place reliance upon on the refusal slip and the reasons contained therein. The relevant portion is extracted hereunder: ,ju fhuz';fs; tpy;y';fk; rhpghh;f;fg;gl;ljpy; nkw;go Mtzj;jpy; fz;l 3/8 https://www.mhc.tn.gov.in/judis W.P.No.24174 of 2025 ey;yk;gs;sp fpuhk rh;nt vz; 85/2 D vd; jha; rh;nt vz; 82/2y; kidfshf gphpf;fg;gl;L tpw;gid bra;ag;gl;Ls;sJ/ jw;nghJ cl;gphpt[ bra;ag;gl;L tpw;gid Mtzk; vGjp gjpt[f;F jhf;fy; bra;ag;gl;l epyk; kidgphptpw;F rk;ke;jg;gl;ljh ,y;iyah vd;Wk; kw;Wk; kidgphptpw;F bghJ gad;ghl;ow;F xJf;fg;gl;l epyk; ,y;iy vd;Wk; jilapd;ik rhd;Wld; kPs rkh;g;gpf;f MtzjhuUf;F bjhptpf;fg;gLfpwJ/ 7. He would submit that all that the respondent authority has stated is that the petitioner may re-present the documents along with relevant materials/documents. 8. At the outset, it was submitted by the learned Special Government Pleader if the release deed dated 13.05.2025 is presented before the third respondent along with relevant material/documents, the same would be registered, if it is otherwise in order. If, for any reason, the Sub Registrar is of the view that the registration ought to be refused, he would do so after assigning reasons, which was agreed to by the learned counsel for the 4/8 https://www.mhc.tn.gov.in/judis W.P.No.24174 of 2025 petitioner. 9. At this juncture, learned counsel for the petitioner seeks to re-present the documents along with material evidence, which would indicate that the reasons set out in the refusal check slip may not be correct both on facts and in law and submit a representation putting forth his explanation and to place reliance upon any judgment/precedent in this regard before the third respondent, which was agreed to by the learned Special Government Pleader for respondents 10. In the light of the above discussion, the impugned refusal check slip dated 13.05.2025 is hereby set aside. It is open to the petitioner to re-present the release deed dated 13.05.2025 before the third respondent. It is also open to the petitioner to represent the documents along with material evidence, submit a representation and to place reliance upon any judgment/precedent. On such re-presentation, the third respondent shall register the release deed, taking into account the document along with material evidence, representation and judgment/precedent placed, if it is otherwise in order, in accordance with law. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.24174 of 2025 If for any reason, the third respondent refuses to register the release deed, he shall assign reasons in the refusal slip, which was agreed to by both counsel for petitioner as well as respondents. 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. 11. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. 07.07.2025 Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn To 1.The Inspector General of Registration, No.100, Santome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, 6/8 https://www.mhc.tn.gov.in/judis W.P.No.24174 of 2025 Chennai 600 028 2.The District Registrar District Register Office, Gandhi Nagar, Dharmapuri 636 701 3.The Sub Registrar, Dharmapuri West Sub-Registrar Office, Dharmapuri 636 701 7/8 https://www.mhc.tn.gov.in/judis W.P.No.24174 of 2025 MOHAMMED SHAFFIQ, J. (mrn) W.P.No.24174 of 2025 07.07.2025 8/8 https://www.mhc.tn.gov.in/judis