M.Ezhilarasi v. The State of Tamil Nadu

ORDER Asserting title under sale deed dated 16.07.1978 bearing document no.708/1978, the petitioners executed sale deed dated 22.10.2025 in favour of one Mrs.Anitha and presented the same for registration. The request for registration was declined under the impugned refusal check slip. Page3 of 5

¶2Referring to the impugned refusal check slip, learned counsel for the petitioners submits that orders of attachment issued in I.A.No.165 of 1990 in O.P.No.24 of 1990 and I.A.No.2068 of 1990 in O.S.No.566 of 1990 are referred to therein as the reasons for refusal. As regards the order in I.A.No.165 of 1990, learned counsel submits that it is beyond the period of limitation for purposes of execution. As regards the order in I.A.No.2068 of 1990, learned counsel submits that the attachment was only for two months. He also adds that the purchaser has undertaken to discharge the dues, if action were to be taken to execute the order in I.A.No.165 of 1990 in O.P.No.24 of 1990.

¶3Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for all the respondents. He relies on written instructions to contend that the refusal order was issued because of orders of attachment being reflected in the encumbrance certificate.

¶4Prima facie, it appears that the time limit for execution may have expired. This aspect has to be verified by the registering officer by issuing notice to the persons who obtained the orders of attachment. In order to facilitate the conduct of an inquiry, the impugned refusal check slip is set aside and the petitioner is permitted to re-present the sale deed for registration. If re-presented within two weeks from the date of receipt of a copy of this order, Page4 of 5 subject to fulfilment of other requirements relating to registration, after conducting an inquiry by issuing notice to the persons who obtained the orders of attachment, the registering officer shall either register the document or issue a speaking order of refusal within 30 days from the date of re-presentation.

¶5The writ petition stands disposed of on the above terms without any order as to costs. Consequently, connected miscellaneous petition is closed. 10-02-2026 Index : Yes/No (2/2) Internet:Yes/No kj To

1.The State of Tamil Nadu Rep. by The Principal Secretary to Government, Registration Department, Secretariat, Fort St George, Chennai-600 009.

2.The Inspector General of Registration, 100, Santhome High Road, Millima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028.

3.The District Registrar office, Villupuram 605 602. Page5 of 5

SENTHILKUMAR RAMAMOORTHY, J. KJ

4.The Sub Registrar Kandamangalam Sub Registration office and WMP.No.3767 of 2026 10-02-2026 (2/2)

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP.No.3767 of 2026 1. M.Ezhilarasi, W/o.Viswanathan No.1/79, Kandamangalam Road, Pakkiripalayam, Vikravandi Taluk, 2. Manikandan, S/o.Marimuthu, No.98, Mariyamman Koil Street, Kalithirampattu Village, Vikravandi Taluk, Villupuram District. ..Petitioners Vs 1. The State of Tamil Nadu Rep. by The Principal Secretary to Government, Registration Department, Secretariat, Fort St George, Chennai-600 009. 2. The Inspector General of Registration, 100, Santhome High Road, Millima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028. Page2 of 5 3. The District Registrar office, Villupuram 605 602. 4. The Sub Registrar Kandamangalam Sub Registration office ..Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records in RFL/ Kandamangalam/ 71/ 2025 dated 23.10.2025 passed in returning the temporary sale deed in No.TP/ 236965645/ 2025, dt.23.10.2025 passed by the 4th respondent and quash the same and consequently to direct the 3rd and 4th respondents to receive the sale deed No.TP/ 236965645/ 2025 dt.23.10.2025 and register the same. For Petitioners: Mr. S. Natarajan For Respondents: Mr.U.Baranidharan, Spl. G.P.