Abimani Vs the Inspector General of Registration

India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Check Refusal Slip dated 01.10.2024 in Refusal Number: RFL/Veppur – Vridhachalam/94/2024 issued by the 3^rd respondent herein, quash the same and direct the 3^rd respondent to register the sale deed 1/6

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dated 01.10.2024 presented by the petitioner in respect of 5 cents (2200 sq.ft.) of land out of 1.30 Acres comprised in Survey No.439/5 of Chepakkam Village, within the limits of Nallur Panchayat Union, Veppur Taluk, Cuddalore District, within the time frame fixed by this Hon’ble Court.

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For Petitioner : Mr.S.Shanmugasundaram for Mr.S.Senthilnathan For Respondents : Mr.P.Harish, Government Advocate

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ORDER

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A partition suit in O.S.No.328 of 2016 was filed. In such suit, a compromise was reached and compromise decree dated 25.04.2024 was issued. As per such compromise, the petitioner’s brother executed sale deed dated 01.10.2024 in favour of the petitioner. Upon presentation thereof for registration, the impugned refusal check slip was issued.

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Learned counsel for the petitioner submits that the refusal is for

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three reasons. The first reason being non production of parent documents. The second reason being non production of the death and legal heir certificates. The third reason being that it is the sale of a plot in an unapproced lay out. As regards the first and second reasons, he submits that the petitioner would submit the documents called for by the Sub Registrar. Learned counsel submits that the third reason is untenable inasmuch as there is no lay out. He refers to patta no.160 in the name of Karruppu Gounder and points out that it pertains to the larger extent of 52.50 Ares from and out of which 5 cents was conveyed by the petitioner’s brother pursuant to the compromise decree.

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Learned Government Advocate responded to the submissions by

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stating that the Sub Registrar would carry out an inspection and thereafter determine whether the land purchased by the petitioner forms part of an unapproved lay out.

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Considering the above submissions, this writ petition is disposed of on the following terms:

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(i) The petitioner shall submit the parent documents and the death and

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legal heirs certificates as agreed to within two weeks from the date of receipt of a copy of this order.

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(ii) Upon receipt thereof, the registering officer shall undertake an

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inspection of the property to ascertain if it is part of an unapproved lay out.

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(iii) The above exercise shall be completed within two weeks from the date of receipt of documents from the petitioner.

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(iv) If it is concluded that it is not part of an unapproved layout, subject to fulfilment of other requirements, the registration shall be completed within two further weeks .

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