High Court · 2025

W.P.No.39512 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 17.10.2025CORAMTHE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMYW.P.No.39512 of 2025Mrs.M.Jayalakshmi... Petitioner Vs. 1. The Assistant Inspector General Of Registration,Chennai Zone, Santhome High Road, Chennai 600 028.2.The District Registrar (Admin),Office Of The District Registrar, Chenglapattu Registration Department, Chengalpattu District.3.The Sub RegistrarThirukazhukundram, Chengalpattu District.... RespondentsPrayer: 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 Refusal Check Slip issued by the 3rd Respondent, bearing 1/8 https://www.mhc.tn.gov.in/judis W.P.No.39512 of 2025Refusal No RFL / Thirukazukundram / 22/ 2025 dated 09.10.2025, and quash the same as arbitrary, illegal, and without jurisdiction, consequently direct the 3rd respondent to register and release the Settlement Deed dated 09.10.2025 executed the petitioner's half share in favour of her husband, Mr. U.Murugan, in respect of the property comprised in Punja Suvey No.151/5, New Survey No. 151/5A2 - measuring an extent of 1800 and 11583 Sq.ft of vacant land, totalling an extent of 13383 Sq. ft as per Patta No. 2849, 151/5A2B Situated at No 53, Mamallapuram Town, Old Ward No 13, New Ward No 14, P.W.D. Road Mamallapuram Town, Thirukazhukundram Taluk, Chenglapattu District within a time frame as may be fixed by this Court.For Petitioner : Mr.D.MuruganFor Respondents : Mr.U.Baranidharan Special Government PleaderORDERMr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the Respondents. With consent of both sides, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. This Writ Petition has been filed challenging the Refusal Check Slip dated 09.10.2025 issued by the 3rd respondent and to quash the same 2/8 https://www.mhc.tn.gov.in/judis W.P.No.39512 of 2025and consequently direct the 3rd respondent to register and release the Settlement Deed dated 09.10.2025 executed by the petitioner in favour of her husband, Mr. U.Murugan, in respect of the property comprised in Punja Suvey No.151/5, New Survey No. 151/5A2 - measuring an extent of 1800 and 11583 Sq.ft of vacant land, totalling an extent of 13383 Sq. ft as per Patta No. 2849, 151/5A2B Situated at No 53, Mamallapuram Town, Old Ward No 13, New Ward No 14, P.W.D. Road Mamallapuram Town, Thirukazhukundram Taluk, Chenglapattu District within a time frame as may be fixed by this Court.3. The learned counsel appearing for the petitioner would submit that the petitioner is the absolute owner of the aforesaid property and is in possession and enjoyment of the same. Initially the Sale Deed with respect to the aforesaid properties was executed by the petitioner's vendor viz., Mr.Nandagopal in favour of the Petitioner on 13.01.2016 and the same was also registered vide Document No.112/2016. Subsequently, the said registration was challenged before the 1st respondent by a third party viz., Ravi and the said Authority, after hearing the parties concerned vide order 3/8 https://www.mhc.tn.gov.in/judis W.P.No.39512 of 2025dated 20.09.2021 cancelled the Sale Deed dated 13.01.2016. Challenging the said order, the Petitioner's vendor filed Writ Petition in W.P.No.37534 of 2024 and this Court vide order dated 18.12.2024 set aside the order passed by the 1st respondent. Thereafter, the petitioner intended to settle half of her share with respect to the aforesaid property in favour of her husband and therefore she presented a Settlement Deed dated 09.10.2025 before the 2nd respondent. But the 3rd respondent refused to register the same vide the impugned Refusal Check Slip dated 09.10.2025 on the ground that the 1st respondent in its order dated 20.09.2021 had recorded the earlier documents and therefore the Settlement Deed can be registered only if an order is passed by this Court with respect to the registration of the same. 3.1.Further he would submit that since this Court vide order dated 18.12.2024 has already set aside the order of cancellation of the Sale Deed dt.13.01.2016 and the said order was not challenged till date, the ownership of the petitioner is restored and therefore she is entitled to settle the same in favour of her husband, but the 3rd respondent without application of 4/8 https://www.mhc.tn.gov.in/judis W.P.No.39512 of 2025mind has refused to register the same. He therefore prays to set aside the impugned Refusal Check Slip. 4. The learned Special Government Pleader appearing for the Respondents fairly agreed to the said contention made by the learned counsel for the petitioner and prayed for appropriate orders.5. A perusal of the impugned Refusal Check Slip clearly projects the non application of mind on the part of the 3rd respondent. When this Court has already set aside order of cancellation of Sale Deed by the 1st respondent, the ownership of the petitioner is restored and therefore she is the owner of the aforesaid property as on date. The petitioner can deal with the same in whatever manner she feels like. When it is an undisputed fact that the order passed by the 1st respondent, cancelling the Sale Deed executed in her favour was set aside by this Court in W.P.No.37534 of 2024 by order dated 18.12.2024, insistance by the 3rd respondent that there should be a specific direction by this Court to register the Settlement Deed cannot be countenanced for the reason that as already stated above, when this Court 5/8 https://www.mhc.tn.gov.in/judis W.P.No.39512 of 2025has already set aside the order passed by the 1st respondent dated 20.09.2021, as a natural corollary, it follows that the Authority concerned is supposed to register the Settlement Deed. 6. In such view of the matter, the impugned Refusal Check Slip issued by the 3rd respondent dated 09.10.2025 is liable to be set aside. Accordingly, the same is set aside. If the petitioner re-presents the Settlement Deed dated 09.10.2025 before the 3rd respondent, the said Authority is directed to register the same without any delay, if it is otherwise in order.7. In the result, this Writ Petition is allowed. No costs. 17.10.2025arr (1/3)6/8 https://www.mhc.tn.gov.in/judis W.P.No.39512 of 2025To1. The Assistant Inspector General Of Registration,Chennai Zone, Santhome High Road, Chennai 600 028.2.The District Registrar (Admin),Office Of The District Registrar, Chenglapattu Registration Department, Chengalpattu District.3.The Sub RegistrarThirukazhukundram, Chengalpattu District 7/8 https://www.mhc.tn.gov.in/judis W.P.No.39512 of 2025 KRISHNAN RAMASAMY.J.,arrW.P.No. 39512 of 2025 (1/3)17.10.20258/8