G.Magesh Kumar v. the Sub Registrar
Case brief
What is this about?
WP No. 48580 of 2025; High Court of Judicature at Madras; decided 16-12-2025 by Justice Senthilkumar Ramamoorthy; refusal check slip dated 08.12.2025, Refusal Number RFL/Chengalput Joint I /15/2025; settlement deed dated 08.12.2025 in TP/241890087/2025 by G.Rajesh Kumar for G.Magesh Kumar; refusal ground: mortgage deed document no.1257/2013; Rule 55A Registration Rules struck down (K.Gopi v. Sub-Registrar and others, 2025(2) CTC 777); no-objection letter from mortgagee not to be insisted (N.Ramayee v. Sub-Registrar, 2020 SCC OnLine Mad 5231, para 47); refusal permitted only within Section 22A or Section 22B, Registration Act 1908; refusal set aside; re-presentation and registration within two weeks; no costs.
What did the court decide?
Writ petition stands disposed of on the above terms: the impugned refusal check slip dated 08.12.2025 (RFL/Chengalput Joint I /15/2025) is set aside; the petitioner is to re-present the settlement deed (TP/241890087/2025) for registration, and the registering officer is directed to complete all other registration measures within two weeks of re-presentation, subject to compliance with other registration requirements. No order as to costs.