IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
M.James Vinod – Appellant
Versus
The Inspector General of Registration – Respondent
WP No. 6477 of 2026
| Table of Content |
|---|
| 1. challenge against refusal to register a deed. (Para 1) |
| 2. roles and limitations of police in registration matters. (Para 2 , 3 , 4) |
| 3. court's decision to quash refusal and direct registration. (Para 6) |
ORDER
This writ petition has been filed, challenging the impugned refusal check slip dated 09.02.2026 issued by the second respondent, refusing to register the settlement deed dated 30.01.2026 presented by the petitioner for registration on the ground that the third respondent (Police) had sent a communication to the second respondent, not to register any document pertaining to the property for registration.
2. Admittedly, it is only the vendor of the petitioner, who is facing criminal proceedings and not the petitioner. The law is now well settled by various decisions rendered by this Court, which includes the order dated 19.02.2025 placed on record by the learned counsel for the petitioner in W.P. No.4969 of 2025 that the police is not vested with the power to direct the registering authority not to entertain any documents for registration.
3. The Inspector General of Registration viz., the first respondent herein, has also issued a circular dated 12.07.2024 that the police is not vested with the power to restrain the Registration Department from registering any document and that the aggrieved party has to obtain appropriate orders from the Civil Court instead of using the police machinery to prevent the Registrar from performing the statutory functions. It has been made clear in the said circular that the registering officer cannot restrain registration of document merely based on the letter issued by the police officials.
4. In the instant case, only based on the letter issued by the third respondent (Police), the impugned refusal check slip dated 09.02.2026 has been issued by the second respondent, which is arbitrary and illegal as per the decisions rendered by this Court as well as the circular issued by the Registration Department themselves through the first respondent dated
12.07.2024.
5. For the foregoing reasons, since the impugned refusal check slip dated
09.02.2026 issued by the second respondent is arbitrary and illegal, the same has to be quashed by this Court.
6. Accordingly, the impugned refusal check slip dated 09.02.2026 issued by the second respondent is hereby quashed and this writ petition is allowed by directing the second respondent to register the settlement deed dated 30.01.2026 presented by the petitioner for registration, subject to payment of the stamp duty and registration fees as applicable within a period of two weeks from the date of receipt of a copy of this order. No Costs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.