K.Lakshmi Devi Vs 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 to call for the records pertaining to the Refusal Slip No.RFL/2 Joint Sub Registrar, Tiruppathur No.276/2025 dated 3012.2025 on the file of the second respondent herein and

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quash the same and consequently directing the second respondent to register the sale deed dated 29.12.2025 presented by the petitioner.

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For Petitioner: Mr.Sunny Sheen Akkar for Mr. S.Deiva Sigamani

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For Respondents: Mr.U.Baranidharan, Spl. G.P.

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ORDER

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Intending to sell a property over which the petitioner asserts title, the petitioner executed a sale deed in favour of G.Shanmugam, P.Venkatesan & Mubarak Basha and presented the same for registration. The request for registration was declined under the impugned refusal check slip.

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By relying on the judgment of the Division Bench of this Court in N.Ramayee v. Sub-Registrar, Registration Department and another, 2020 SCC OnLine Mad 5231, learned counsel for the petitioner contends that this Court held that a prior conveyance is not an impediment to the registration of a subsequent conveyance in respect of the same property.

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

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notice for both the respondents. He submits that the request for registration was declined because the relevant property had been conveyed to third parties by the

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petitioner's agent under a power of attorney. He also submits that the matter may be remanded for reconsideration after issuing notice to all parties concerned, including the purchasers under the erstwhile conveyances.

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The refusal check slip was issued on 30.12.2025. Shortly thereafter, an amendment was made to the Registration Act, 1908 by including Section 34C in the statute. The impugned refusal check slip was issued without putting parties who would be affected thereby on notice. Hence, reconsideration is warranted. In order to facilitate the same, the impugned order is set aside and the matter is remanded to the registering officer. The registering officer shall issue notice to the petitioner, the executant and claimant under previous conveyances, provide a reasonable opportunity to the said persons and thereafter issue a speaking order in terms of Section 71 of the Registration Act, 1908 within one month from the date of receipt of a copy of this order.

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