Rajamsheela Vs the Inspector General of Registration

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in refusal slip No.RFL/ Kothagiri/ 134/ 2025 dated 25.11.2025 and quash the same and further direct the 2nd respondent to register the sale deed dated 24.10.2025 in respect of the document presented by the petitioner concerning the property measuring 5.35 cents in survey No.1446 (New Survey No.1121/4) situated at Kotagiri Taluk & Panchayat, Kotagiri Sub-Registration District, Nilgiris Registration District.

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

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WP No. 48832 of 2025

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For Petitioner: Mr. S.Saravanakumar For Respondents: Mr.U.Baranidharan, SGP

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ORDER

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The petitioner executed a sale deed in favour of one Selvamani in respect of 5.35 cents in S.No.1446 at Kotagiri taluk and panchayat. Upon presentation for registration, the request for registration was refused under the impugned refusal check slip.

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Learned counsel for the petitioner submits that the impugned order is unsustainable because it refers to a registered agreement of sale and circular dated 08.10.2020 as the reason for refusal. He submits that the said order is

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contrary to the judgment of the Division Bench of this Court in N.Ramayee v. Sub-Registrar, Registration Department and another, 2020 SCC OnLine Mad 5231 (Ramayee).

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Mr.U.Baranidharan, learned Special Government Pleader, accepts

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notice for both the respondents. He concurs that the matter is governed by the judgment of this Court in Ramayee.

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The registering officer is not entitled to refuse registration on the

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ground that a registered agreement for sale was executed in relation to the

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

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WP No. 48832 of 2025

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relevant property. This position was affirmed by the Division Bench of this Court in Ramayee . Therefore, the impugned refusal check slip cannot be sustained and is hereby set aside. As a consequence, the petitioner is permitted to re-present the instrument for registration. Within two weeks from the date of re-presentation thereof, subject to compliance with other requirements in this regard, the necessary registration shall be made.

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