IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.06.2022

C O R A M

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.14554 of 2022

and

W.M.P.No.13756 of 2022

V.Saraswati

...Petitioner

Vs

1. The Inspector General of Registration,

Office of the Inspector General of Registration,

100, Santhome High Road, Mullima Nagar,

Mandavelipakkam, Raja Annamalai Puram,

Chennai, Tamil Nadu – 600 028.

2. The District Registrar,

Office of the District Registrar,

SH 68, Thirupapuliyur,

Cuddalore, Tamil Nadu - 607 002.

3. The Sub Registrar,

Office of the Sub Registrar,

Kumbakonam Road, Near Police Station,

Panruti – 607 106.

4. K.R.Rajendran

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution

of India praying for the issuance of a Writ, order or direction

in the nature of Writ of Certiorarified Mandamus to call for the

records relating to the Refusal check slip vide online refusal

number RFL/Panruti/13/2022 dated 09.05.2022 along with the

refusal check list XXXX/2022 dated 09.05.2022 issued by the

third respondent and quash the same as illegal, arbitrary and

against the law and consequently to direct the third respondent

to register the Memorandum of deposit of title deed document

dated 31.03.2022 presented for registration by the petitioner

and register the same in accordance with law.

For Petitioner : Mr.S.Chetan Prakash

For Respondents-1 to 3

: Mr.Yogesh Kannadasan,

Special Government Pleader

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The present petition has been filed seeking the relief

of quashment of the impugned Refusal Check Slip dated 09.05.2022

issued by the 3^rd

Respondent and a direction to the 3^rd

Respondent to register the Memorandum of deposit of title deed

document dated 31.03.2022 presented for registration by the

petitioner and register the same in accordance with law.

2. Since no adverse order is being passed against the 4^th

Respondent, notice to the 4^th Respondent is dispensed with.

3. It is the case of the petitioner that the petitioner is

the absolute owner of the property being land and constructed

residential building bearing Plot Nos.46 & 47 comprised in old

Survey No.415, new Survey No.103/3A1A measuring an extent of

4800 sq.ft. She has purchased the above said property by virtue

of registered sale deed in Doc.No.3372/2011 dated 14.11.2011 on

the file of the Sub Registrar, Panruti. Ever since the purchase,

the petitioner is in possession and enjoyment of land and

building situated thereon. While so, the petitioner had obtained

a loan from Federal Bank, Panruti Branch for take over of

existing loan from DHFL Vysya Housing Finance Limited. The

Federal Bank, Panruti Branch upon receipt of the entire original

property documents had disbursed the loan on 30.03.2022, as only

the consequent registration of Mortgage by Deposit of title deed

to be done. While the petitioner proceeded with Mortgage by

deposit of title deed for the loan sanction and presented for

registration before the 3^rd Respondent along with required stamp

duty and registration expenses, the 3^rd Respondent refused to

register the same vide the impugned Refusal Check Slip dated

09.05.2022 on the ground that there are suits pending in

O.S.No.210 of 2013 on the file of the District Court, Cuddalore

and O.S.No.305 of 2013 on the file of the District Munsif Court,

Panruti in respect of the subject property. Challenging the

impugned Refusal Check Slip, the petitioner has come up with

this Writ petition seeking the relief of quashment of the same.

4. Learned counsel for the petitioner submits that the

suits which have been referred in the impugned Refusal Check

Slip cannot be a bar for refusing the registration of the sale

deed, however, the said suits are filed for dec