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2025 Supreme(Online)(Mad) 72318

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice KRISHNAN RAMASAMY
M.MOHANA GUPTA – Appellant
Versus
THE INSPECTOR GENERAL OF REGISTRATION – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY M.Mohana Gupta ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Pattinampakkam, R.A.Puram, Chennai – 600 028.

2.The District Registrar, Chennai South, Chennai.

3.The Sub-Registrar, Office of the Sub Registrar, Triplicane, Chennai.

4.The Executive Officer, Arulmigu Rathina Vinayagar and Durgaiyamman Thirukoil, Whites Road, Royapettah, Chennai – 600 014. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the records on the file of the 3rd respondent pertaining to the refusal check slip No.RFL/Triplicane/23/2023 dated 30.06.2023 and quash the same and consequently direct the 3rd respondent to register the Settlement Deed in TP/154348844/2023 presented by the petitioner in respect of his property.

For Petitioner : Mr.I.Inian For Respondents 1 to 3 : Mr.Abishek Murthy, Government Advocate For Respondent 4 : Mr.N.R.R.Arun Natarajan, Special Government Pleader H.R & C.E O R D E R This writ petition has been filed to call for the records on the file of the 3rd respondent pertaining to the refusal check slip No.RFL/Triplicane/23/2023 dated 30.06.2023 and quash the same and consequently direct the 3rd respondent to register the Settlement Deed in TP/154348844/2023 presented by the petitioner in respect of his property.

2. Mr.Abishek Murthy, learned Government Advocate takes notice on behalf of respondents 1 to 3. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader takes notice on behalf of fourth respondent. By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself.

3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of 1/4th undivided share in land admeasuring 2975 sq.ft., and the ground floor building area of 1500 sq.ft., at Old Door No.32, New No.30, Whites Road, Royapettah, Chennai, comprised in S.No.325 and New S.No.235/3. The said property was originally belonged to fourth respondent. The petitioner’s vendor Mrs.Sarala Devi, who was a tenant under the fourth respondent, purchased the said land, pursuant to Court orders in proceedings under the City Tenants Protection Act. Subsequently, the property was developed by a family trust formed by Mrs.Sarala Devi and later sold the same to the petitioner and his family. The petitioner owns the ground floor, while his wife and two sons owns the upper floors. Under these circumstances, the petitioner executed a settlement deed in respect of his share of the said property, in favour of his son Mr.M.Vijay Kumar and presented the same before the third respondent for registration. However, the third respondent refused to register the same by issuing a refusal check slip dated 30.06.2023, seeking No-objection certificate from the fourth respondent. Challenging the same, the petitioner has come forward with the present writ petition.

4. After getting instruction, learned Government Advocate appearing for the respondents 1 to 3 would submit that the matter will be decided after issuing due notice and affording an opportunity of personal hearing to the parties concerned as well as to the third parties, in the event of receiving any objection or protest petition. He further submitted that he would follow the procedure, as contemplated by the Hon'ble Division Bench of this Court in the case of Sudha Ravi Kumar and Others Vs., The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department and Others, dated 05.04.2017, reported in AIR 2017 Mad 203.

5. Heard the learned counsel on either side and perused the materials available on record.

6. The facts of the case is not in dispute. The petitioner is the absolute owner of 1/4th undivided share in land admeasuring 2975 sq.ft., and the ground floor building area of 1500 sq.ft., at Old

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