Madras High Court
The Managing Director vs S. Bharathkumar on 25 October, 2025
Author: S. M .Subramaniam
Bench: S. M. Subramaniam, Mohammed Shaffiq
WA No. 2950 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-10-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A. No. 2950 of 2024
and C.M.P.No.21943 of 2024
1. The Managing Director
Tamil Nadu Housing Board CMDA, Building, E and C
Market Road, Koyembedu, Chennai - 107. and another
2.The Executive Engineer-cum-Administrative Officer
Tamil Nadu Housing Board,
Hosur Housing Unit, Hosur – 635 109
Krishnagiri Districtt.
...Appellant(s)
Vs
1. S. Bharathkumar
S/o. Late R. Seetharaman, No.19,
Seven Houses Street,
Hosur Town and Taluk,
Krishnagiri District - 109.
2.The Sub Registrar
Hosur, Krishnagiri District.
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WA No. 2950 of 2024
3.The Tahsildar Taluk Office
Taluk office, Hosur, Krishnagiri District
...Respondent(s)
PRAYER
The Writ Appeal is filed under Clause 15 of the Letters Patent Act, to set aside
the order passed in W.P. No.584 of 2024 dated 18.03.2024.
For Appellant(s): Mr. S. Ramachandran
For Respondent(s): M/s. R. Bharath Kumar For R1
Mr.U.Baranidharan
Special Government Pleader
For R2 and R3.
JUDGMENT
(Judgment of the Court was delivered by S. M .SUBRAMANIAM, J.)
Under assail is Writ Order dated 18.03.2024 in W.P.No.584 of 2024. The
Tamil Nadu Housing Board is the appellant before this Court. The first
respondent presented a sale deed for registration before the Sub Registrar,
Hosur, Krishnagiri District. Based on the letter given by the Housing Board, the
registering authority refused to register the sale deed under the Registration
Act. The refusal check slip came to be challenged in the writ proceedings.
2. The Writ Court adjudicated the issues by calling for the original
records. The Writ Court found that the subject land was acquired by the
Government for the benefit of the Tamil Nadu Housing Board. However, the
acquisition proceedings came to be declared lapsed under Section 24(2) of
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the Land Acquisition Act, 2013, in W.P.No.31591 of 2014 dated 01.04.2016.
The Writ Appeal filed by the Housing Board was dismissed at the condonation
of delay stage. Thus, the first respondent is entitled to present sale deed for
registration. The Writ Court found that the property right of the first respondent
has been infringed by issuing a refusal check slip based on unverified letter
given by the Tamil Nadu Housing Board since the land acquisition procedures
were declared lapsed under Section 24(2) of the Land Acquisition Act, 2013
by the High Court.
3. The refusal check slip was quashed and the Sub-Registrar was
directed to register the sale deed presented for registration. However, in
paragraph Nos.10 and 11 of the impugned writ order, a direction was issued to
conduct CBI investigation and submit a report before this Court within a period
of four months. That apart, Writ Court has made an observation that, there are
suspicious circumstances regarding alleged collusion between officials in the
matter of dealing with the acquisition proceedings. In the opinion of this Court,
such observations are unnecessary since it falls beyond the scope of writ
petition filed by the first respondent to register sale deed by following the
procedures under Registration Act. That apart, CBI investigation can be
ordered only in exceptional circumstances and the Courts have repeatedly
held that it must be considered in most deserving case and in the present
case, the Writ Court issued direction to the CBI, which is unwarranted, that
too, on the basis of mere suspicion. Such suspicion would be insufficient to
order for an investigation by CBI. Thus, the observation made in paragraph
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No.10 and the direction issued to the CBI in paragraph No.11 of the impugned
writ order alone stand quashed. In respect of allowing of the Writ Petition, by
quashing the refusal check slip dated 16.12.2023 stands confirmed.
4. It is brought to the notice of this Court that the sale deed presented
by the first respondent had already been registered by the Sub Registrar.
5. With the above observations, the Writ Appeal stands allowed in part.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petition is closed.
(S.M.SUBRAMANIAM J.) (MOHAMMED SHAFFIQ J.)
25-10-2025
ASI
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
1.S. Bharathkumar
S/o. Late R. Seetharaman,
No.19, Seven Houses Street, Hosur Town
and Taluk, Krishnagiri Dt - 109.
2.The Sub Registrar
Hosur Krishnagiri Dist.
3.The Tahsildar, Taluk Office
Hosur, Krishnagiri District.
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S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
ASI
25-10-2025
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