Writ petition challenging a refusal slip for land document registration. Court held that mere suit pendency is not a bar; registration cannot be refused without a competent court order.
Refusal slip RFL/Chetpet/21/2023 quashed; registration directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.18238 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.18238 of 2023
A.Karivardhan
... Petitioner
Vs.
The Sub Registrar, Chetpet, Thiruvanamalai District. ... Respondent
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 relating to the impugned refusal check slip RFL/Chetpet/21/2023 dated 11.04.2023 issued by the respondent and quash the same and further direct the respondent to register the sale deed which was presented on TP/141782202/2023 on 11.04.2023 before the respondent.
For Petitioner : Mr.R.Raghul For Respondent : Mr.D.Ravichander Special Government Pleader
Page 1 of 4
W.P.No.18238 of 2023
O R D E R
The refusal check slip issued by the respondent in proceedings dated
he has presented a sale deed for registration. The document was returned on the ground that a Civil Suit instituted by one Mr.Duraisamy Gounder was pending and therefore, the Sub Registrar cannot proceed with the registration.
restraining the Registering Authority from registering a document. More so the learned counsel for the petitioner states that the Suit instituted had already been dismissed.
Page 2 of 4
W.P.No.18238 of 2023
6. Accordingly, this Writ Petition stands allowed. No costs.
07.08.2023
Jeni Index : Yes Speaking order Neutral Citation : Yes
To
The Sub Registrar, Chetpet, Thiruvanamalai District.
Page 3 of 4
W.P.No.18238 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.18238 of 2023
07.08.2023
Page 4 of 4
1 issue framed by the court
Whether the pendency of a dismissed civil suit is a valid ground for refusing registration of a sale deed in the absence of a specific court order.
1 provisions across 1 enactments
A. Karivardhan
The Sub Registrar, Chetpet
S.m_Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
