Madras High Court
P.N.Vellaisamy vs The Inspector General Of ... on 9 March, 2022
W.P.(MD)No.4206 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.4206 of 2022
and
W.M.P.(MD)No.3604 of 2022
P.N.Vellaisamy ... Petitioner
/Vs./
1. The Inspector General of Registration,
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai-600 028.
2. The District Registrar,
Office of the Registrar of Registration,
Palani Taluk, Dindigul District.
3. The Sub Registrar,
Office of the Sub Registrar of Registration,
Keeranur, Palani Taluk, Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records pertaining the impugned order of refusal slip of the 3rd
respondent in RFL/Keeranur/8/2022 dated 28.02.2022 and quash the
same and consequently direct the 3rd respondent to register the sale deed
dated 28.02.2022.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4206 of 2022
For Petitioner : Mr.S.Ramsundarvijayraj
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
ORDER
This writ petition has been filed challenging the order of refusal
slip of the 3rd respondent dated 28.02.2022 under which, the sale deed
presented by the petitioner for registration was refused to be registered
by the third respondent on the ground that the petitioner has not obtained
No Objection Certificate from Bharat Petroleum Corporation Limited
(BPCL), who are the lessees under the lease deed dated 03.03.2008
registered as Document No.5003/2008. According to the petitioner,
arbitrarily and illegally, the impugned order has been passed.
2.It is the contention of the petitioner that the third respondent
ought to have seen that the transfer of property through the sale deed
presented for registration was made with the concurrence of the vendors
and the purchasers and the reconstitution of lease of BPCL was also
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W.P.(MD)No.4206 of 2022
submitted before the third respondent. According to the petitioner,
without considering the same, the impugned order has been passed
relying upon the Circular issued by the Inspector General of Registration
which has already been declared to be null and void, by Judgment of the
Division Bench of the Principal Seat of this Court dated 05.11.2020
passed in W.P.No.674 of 2020.
3.According to the petitioner, there is no necessity to obtain No
Objection Certificate from BPCL, who are lessees under the
aforementioned lease deed. None of these documents were considered
under the impugned order of refusal slip dated 28.02.2022 issued by the
third respondent. According to the petitioner, by a non speaking order
and by not adhering to the principles of natural justice, the impugned
order has been passed. In such circumstances, the petitioner has filed
this writ petition.
4.Heard Mr.S.Ramsundarvijayraj, learned Counsel for the writ
petitioner and Mr.S.Shanmugavel, learned Additional Government
Pleader, who accepts notice on behalf of the respondents.
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W.P.(MD)No.4206 of 2022
5.Admittedly, the contentions raised by the petitioner referred to
supra have not been considered by the third respondent in the impugned
order of refusal slip dated 28.02.2022. The Judgment dated 05.11.2020
passed by the Division Bench of the Principal Seat of this Court in
W.P.No.674 of 2020 has also referred to the Circular issued by the
Inspector General of Registration referred to in the impugned order
which is dated 08.10.2022 and in the said Division Bench Judgment, it
has been held in Paragraph No.38 that Circular bars transfer of property
on the ground that when a lease is already executed in respect of the
property, without expiry of the lease, transfer cannot be permitted or
without consent of lessee, registration is unacceptable. Such restriction
infringes the very constitutional right of the citizen provided under
Article 300A of the Constitution. The Division Bench Judgment referred
to supra has not been considered in the impugned refusal slip dated
28.02.2022 passed by the third respondent.
6.A categorical stand has been taken by the petitioner that there is
no necessity to obtain No Objection Certificate from the previous lessees
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W.P.(MD)No.4206 of 2022
ie., BPCL. While that be so, the third respondent ought to have offered a
fair hearing to the petitioner including granting him the right of personal
hearing before passing the impugned order, which has not been done so,
in the instant case.
7.Therefore, after giving due consideration to the aforementioned
factors, this Court is of the considered view that principles of natural
justice have been violated by the third respondent. Hence, the impugned
refusal check slip dated 28.02.2022 issued by the third respondent has to
be necessarily quashed and the matter has to be remanded back to the
third respondent for fresh consideration on merits and in accordance with
law, after affording a fair hearing to the petitioner and other necessary
parties, whom the third respondent deems fit to enquire.
8.Accordingly, the impugned order of refusal check slip dated
28.02.2022 issued by the third respondent is hereby quashed and the
matter is remanded back to the third respondent for fresh consideration
on merits and in accordance with law, after affording a fair hearing to the
petitioner including granting him a personal hearing and other necessary
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W.P.(MD)No.4206 of 2022
parties, whom the third respondent deems fit to enquire, within a period
of twelve (12) weeks from the date of receipt of a copy of this order. In
the final orders to be passed by the third respondent, the third respondent
shall take into consideration the Judgment of the Division Bench of the
Principal Seat of this Court dated 05.11.2020 passed in W.P.No.674 of
2020 and also other contentions raised by the petitioner in this writ
petition.
9.With the above direction, this Writ Petition stands disposed of.
There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
09.03.2022
Index : Yes / No
Internet : Yes / No
sm
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4206 of 2022
To
1. The Inspector General of Registration,
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai-600 028.
2. The District Registrar,
Office of the Registrar of Registration,
Palani Taluk, Dindigul District.
3. The Sub Registrar,
Office of the Sub Registrar of Registration,
Keeranur, Palani Taluk, Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4206 of 2022
ABDUL QUDDHOSE, J.
sm
order made in
W.P.(MD)No.4206 of 2022
Dated:
09.03.2022
https://www.mhc.tn.gov.in/judis
