The refusal to register a deed based on a company resolution invalidates due process under the Registration Act.

Headnote:This judgment addresses the issuance of a Writ of Certiorarified Mandamus to quash the refusal of a check slip regarding the registration of a sale deed per the Registration Act. The petitioner claimed ownership of the property sold to them by a company, which properly authorized the transaction. The court found the refusal by the Sub Registrar unjustified and concluded to direct the registration of the deed within two weeks, indicating the decision's legality under the Act. Ultimately, the Writ Petition was allowed.

Table of Content
1. writ petition for registration of sale deed. - What legal grounds does the petitioner have for the writ petition? (Para 1 , 2)
2. court's analysis on registration refusal. - Is the refusal of registration valid under the law? (Para 3 , 4)
3. court orders registration of the sale deed. - What is the court's directive regarding the sale deed registration? (Para 5)
4. writ petition allowed, no costs. - What is the final outcome of this case? (Para 6)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the rejection of the refusal check slip bearing No. RFL/KEELUR/34/2025 dated 04.04.2025 and consequently, to direct the 2^nd respondent herein to register the sale deed presented by the petitioner herein, relating to the properties described therein, in accordance with the provisions of the Registration Act.

2. It is the case of the petitioner that the property, which is the subject matter of the Writ Petition was sold to M/s.Nila Sea Foods Private Limited, represented by its Director. Subsequently, the said Nila Sea Foods Private Limited, represented by its Managing Director Selwin Prabhu, executed a sale deed in favour of the petitioner. When the petitioner presented the document for registration, the second respondent refused to register the same and issued a refusal check slip. Challenging the same, the present Writ Petition is filed.

3.Heard Mr.V.Shathurthi Raja, learned Counsel appearing for the petitioner and Mr.S.Saji Bino, learned Special Government Pleader appearing for the respondents.

4. A perusal of the resolution passed by M/s.Nila Sea Foods Private Limited shows that authorization had been given to the Managing Director by the Board of Directors to execute sale deeds in favour of M/s.Velavan Public Charitable Trust – the writ petitioner herein. When the document has been executed by a person, authorized by the Company, to alienate the property, issuance of the refusal check slip is untenable. The property belongs to the Company and the Company has decided to alienate the property in favour of the petitioner. The Sub Registrar is entitled to verify the identity of the executant and the purchaser. He is not entitled to probe whether the Company's resolution had been properly passed or not.

5. In the light of the above discussion, the impugned order is quashed. Accordingly, there shall be a direction to the second respondent to register the sale deed presented by the petitioner, if it complies with the requirements of the Registration Act, within a period of two (2) weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is allowed. There shall be no order as to costs.

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2025 Supreme(Online)(Mad) 24888

IN THE HIGH COURT OF JUDICATURE AT MADRASS. SRIMATHY, JVelavan Public Charitable Trust – AppellantVersusThe Inspector General Registration – RespondentW.P(MD)No.13808 of 2025

The refusal to register a deed based on a company resolution invalidates due process under the Registration Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SRIMATHY, J
Velavan Public Charitable Trust – Appellant
Versus
The Inspector General Registration – Respondent
W.P(MD)No.13808 of 2025