Allowed

S.Indirani v. The Inspector General of Registration

Madras HC10 Apr 2023WP/4683/2023

Case brief

AI extract

What is this about?

Petitioner challenged the refusal to register a sale deed for a plot in an unapproved layout, citing regularization by REKota. The Court held G.O.78 does not empower registrars to refuse registration, quashed the refusal, and directed registration.

What did the court decide?

Impugned refusal dated 27.01.2023 quashed; direction to third respondent to register Sale Deed dated 25.01.2023 within two weeks.

S.Indirani Vs The Inspector General of Registration — Writ and Judicial Review | Madras HC (2023)

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W.P.No.4683 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.04.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.4683 of 2023

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S. Indirani ... Petitioner

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Vs.

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1.The Inspector General of Registration, Santhome High Road, Chennai.

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2.The District Registrar, Office of District Registrar, Velappadi, Vellore District.

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3.The Sub Registrar, SRO Office, Gudiyatham, Vellore District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records from the file of the 3^rd respondent relating to RFL/Gudiyatham/5/2023 dated 27.01.2023 and quash the same and consequently to direct the 3^rd respondent to register the documents on presentation relating to the property comprised in Survey No.320/1 and

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W.P.No.4683 of 2023

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320/3, Sakkubai Nagar, Erthangal Village, Gudiyatham Taluk, Vellore District by fixing the guideline value at the rate of Rs.168/- as fixed for Survey No.320/2, as per G.O (Ms) No.78 dated 04.05.2017 Housing and Urban Development Department.

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For Petitioner : Mr.D. Thirumoorthy For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

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ORDER

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When the petitioner herein, had presented a Sale Deed dated 25.01.2023 before the third respondent herein, for registration of a property comprised in Survey Nos.320/1, 320/2 and 320/3 in Sakkubai Nagar plots, the same was refused stating that no plot in Survey Nos.320/1 and 320/3 has been registered prior to 20.10.2016, which is the cut off date for registration of unapproved layouts under the scheme in G.O.Ms.No.78 Housing and Urban Development Department dated 04.05.2017. Challenging the said refusal, the present Writ Petition has been filed.

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W.P.No.4683 of 2023

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2. The learned counsel for the petitioner submitted that the third

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respondent has no authority to refuse registration of a document, particularly when the plots comprised in Survey Nos.320/1, 320/2 and 320/3 have already been regularized on 19.12.2022 by the Tamil Nadu Real Estate Regulatory Authority.

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3. Per contra, the learned Special Government Pleader appearing for the respondents submitted that as per G.O.Ms.No.78 dated 04.05.2017, the cut off date for regularization of unapproved layouts was 20.10.2016 and since the regularization was after the cut off date, the registration cannot be effected.

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4. The reasoning adopted by the third respondent, refusing to register the Sale Deeds, appears to be misplaced. G.O.Ms.No.78 dated 04.05.2017, does not relate to the powers of the Registering Authority to register an unapproved plot. On the other hand, G.O.Ms.No.78, only provides for the cut off date for considering the regularization of

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W.P.No.4683 of 2023

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unapproved plots and does not empower the Registering Authority to refuse registration of an unapproved plot. It is also not in dispute that there is no other Government Order or Circular of the Inspector General of Registration, which prohibits the registration of an unapproved plot. Above all, the plot 32 in Survey No.320/3, which is now said to be sold through petitioner's Sale Deed dated 25.01.2023, has been regularized by the Tamil Nadu Real Estate Regulatory Authority through their order in TN/5/Regularisation-Layout/10150/2022 dated 19.12.2022. Thus, placing reliance on G.O.Ms.No.78 dated 04.05.2017 and refusing registration, in the absence of any regulations empowering the Registering Authority to refuse such registrations, is illegal.

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5. In line of the above findings, the impugned refusal slip dated 27.01.2023, is quashed. Consequently, there shall be a direction to the third respondent herein, to register the petitioner's Sale Deed dated 25.01.2023, without reference to G.O.Ms.No.78 Housing and Urban Development Department dated 04.05.2017, within a period of two (2) weeks from the date of receipt of a copy of this order.

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W.P.No.4683 of 2023

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6. With the above directions, the Writ Petition stands allowed. No costs. The Registry is directed to return the original Sale Deed to the learned counsel for the petitioner.

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10.04.2023

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Speaking order/Non-speaking order Index: Yes/No Neutral Citation: Yes/No

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Sni

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1.The Inspector General of Registration, Santhome High Road, Chennai.

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2.The District Registrar, Office of District Registrar, Velappadi, Vellore District.

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3.The Sub Registrar, SRO Office, Gudiyatham, Vellore District.

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5/6

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https://www.mhc.tn.gov.in/judis

W.P.No.4683 of 2023

M.S.RAMESH,J.

Sni

W.P.No.4683 of 2023

10.04.2023

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S.Indirani v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

S.Indirani v. The Inspector General of Registration

Case brief

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