Allowed

M.Prabhu, v. the Sub Registrar

Madras HC4 Jul 2024WP/10213/2024

Case brief

AI extract

What is this about?

Sale deed registration was refused citing a police Economic Offences Wing letter; no court attachment existed. The High Court held a registering authority cannot refuse registration based only on such a letter, quashed the refusal check slip and directed registration within one week.

What did the court decide?

Refusal check slip quashed; respondent directed to register the sale deed presented on 05.09.2023 within one week.

M.Prabhu, Vs the Sub Registrar — Property and Title | Madras HC (2024)

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WP.No.10213 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.07.2024

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CORAM

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THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

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WP.No.10213 of 2024

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M.Prabhu Petitioner

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Versus

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The Sub Registrar, Veppanapalli, Krishnagiri District.

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.. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarifed Mandamus to call for the records leading to the impugned refusal check slip No.RFL/ntg;gdg;gs;sp/27/2023 dated 05.09.2023 issued by the respondent, quash the same and consequently, direct the respondent to register the sale deed presented for registration on 05.09.2023 and return the original sale deed to the proposed purchaser.

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For Petitioner : Mr.C.Jagadish

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For Respondent : Mr.B.Vijay, Additional Government Pleader

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Mr.S.Sugendran, Additional Public Prosecutor

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

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WP.No.10213 of 2024

ORDER

Challenge has been made as against the refusal check slip dated 05.09.2023 mainly on the ground that letter dated 17.11.2022 has been issued by the Deputy Superintendent of Police, Economic Offences Wing, Namakkal.

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2.Heard both sides and perused the materials placed on record.

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3.By consent of both parties, this writ petition is taken up for final disposal.

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4.It is the case of the petitioner that when the petitioner has presented the sale deed, the same was refused by the respondent on the ground that letter dated 17.11.2022 has been issued by the Deputy Superintendent of Police, Economic Offences Wing, Namakkal, stating that the properties registered vide document No.2014/2016 in Panthakurichi village Survey No.26/2 are to be owned by the Government.

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5.Today, the Investigating Officer Thiru S.Vivekanandan, Inspector of Police, Economic Offences Wing, Krishnagiri, is present and submitted through Mr.S.Sugendran, the learned Additional Pubic Prosecutor (Criminal https://www.mhc.tn.gov.in/judis

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WP.No.10213 of 2024

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Side) that the property of the petitioner has not been attached by any Court

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and the letter dated 17.11.2022 has been given during investigation stage.

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The said submission is recorded. As long as there is no attachment, merely based on the letter, the registering authority cannot refuse to register the document. Accordingly, the impugned refusal check slip dated 05.09.2023 stands quashed and the respondent is directed to register the sale deed presented for registration on 05.09.2023 within a period of one week from the date of receipt of a copy of this order.

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In view of the above, this writ petition stands allowed. No costs.

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04.07.2024

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raa Index :Yes/No Internet : Yes/No Neutral Citation : Yes/No To

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The Sub Registrar, Veppanapalli, Krishnagiri District.

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

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WP.No.10213 of 2024

N. SATHISH KUMAR, J.

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raa

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W.P.No.10213 of 2024

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04.07.2024

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

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M.Prabhu, v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

M.Prabhu, v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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