WP/19923/2022 of N.Masilamani Vs The District Registrar

WP No. 19923 of 2022 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY W.P No. 19923 of 2022 and WMP.No.19227 of 2022 1. N.Masilamani S/o.Natesa Mudaliar, 65-B, Maniyaakaran Veedhi, Attaiyampatti Village and Post, Salem-637 501. 2. M.Gunasekharan S/o.N.Masilamani, 65-B, Maniyaakaran Veedhi, Attaiyampatti Village and Post, Salem-637 501. 3. M.Kanagavel S/o.N.Masilamani, 65-B, Maniyaakaran Veedhi, Attaiyampatti Village and Post, Salem-637 501. 4. Niranjana Devi D/o.N.Masilamani, W/o.Karthikeyan, 65-B, Maniyaakaran Veedhi, Attaiyampatti Village and Post, Salem-637 501. ..Petitioners Vs 1. The District Registrar Namakkal, Namakkal District. 2. The Sub Registrar Mallasamudram, Namakkal District. ..Respondents https://www.mhc.tn.gov.in/judis WP No. 19923 of 2022 __________ Page2 of 6 Writ Petition filed under Article 226 of Constitution of India see king for issuance of Writ of Mandamus directing the 2nd Respondent to accept for registration and to register the Sale Deed of the Petitioners 2 to 4 in favour of the 1st Petitioner with respect to the properties of M.Maragathavalli since deceased, being property acquired by her in Regd. Sale Deed dated 09.11.1989- Document No. 1815/1989-SRO- Vadakancherry and under Regd. Exchange Deed dated 03.11.1999-Document No. 1961/1999-SRO-Mallasamudram. For Petitioners: Ms.R.S.Lakshmi Priya for T.M.Hariharan For Respondents: Mr.R.Harish Government Advocate ORDER This Writ Petition has been filed seeking a direction to the 2 nd respondent to accept for registration and to register the Sale Deed of the Petitioners 2 to 4 in favour of the 1st Petitioner with respect to the properties of M.Mara gathavalli since deceased, being property acquired by her in Regd. Sale Deed dated 09.11.1989-Document No. 1815/1989-SRO- Vadakancherry and under Regd. Exchange Deed dated 03.11.1999-Document No. 1961/1999-SRO- Mallasamudram. https://www.mhc.tn.gov.in/judis WP No. 19923 of 2022 __________ Page3 of 6 2. The learned counsel appearing for the petitioners would submit that the petitioners are the co-owners of the subject property and the petit ioners 2 to 4 intend to convey their 3/4th share in favour of the 1 st petitioner and therefore they executed the draft Sale Deed in favour of the 1 st petitioner and presented the same before the 2 nd respondent. But the 2 nd respondent has rejected the same stating that the sale cannot be registered as the portion of the pro perty in Kerala had been purchased in violation of provisions of Section 19B of the Indian Stamp Act as amended by the Tamil Nadu Act 43 of 1992. In this regard, the petitioners made a representation to the 2 nd respondent on 13.06.2022 seeking to accept the Sale Deed executed by the petitioners 2 to 3 in favour of the 1 st petitioner and register the same. As the same did not evoke any res ponse, the petitioners have filed this writ petition seeking for the aforesaid relief. 3. The learned Government Advocate appearing for the 2 nd respondent would submit that document is yet to be presented and if any document is presented, appropriate orders will be passed after issuing notice to the petitioners. 4. Heard both sides. Perused the records. https://www.mhc.tn.gov.in/judis WP No. 19923 of 2022 __________ Page4 of 6 5. In the case on hand, it appears that orally the 2 nd respondent might have rejected the request of the petitioners for registering the Sale D eed presented by them, without passing any orders. Hence the petitioners 2 and 3 are directed to present the Sale Deed said to have executed by them in favour of the 1 st petitioner and on such presentation being made, the 2 nd respondent is directed to conduct enquiry and take decision with regard to the registration of the aforesaid document. It is made clear that if any information is required from the petitioners, the 2 nd respondent shall issue notice to them and thereafter take decision on merits and in accordance with law, without any delay. 6. This Writ Petition is disposed of accordingly. No costs. Consequently, WMP.No.19227 of 2022 filed to permit the petitioners to present and prosec ute a single Writ Petition is ordered subject to payment of separate Court fee. 09-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No arr Note: Registry is directed to issue order copy after ensuring the payment of Court fee as ordered by this Court. https://www.mhc.tn.gov.in/judis WP No. 19923 of 2022 __________ Page5 of 6 To 1. The District Registrar Namakkal, Namakkal District. 2. The Sub Registrar Mallasamudram, Namakkal District. https://www.mhc.tn.gov.in/judis WP No. 19923 of 2022 __________ Page6 of 6 KRISHNAN RAMASAMY, J. arr W.P No. 19923 of 2022 09-04-2026 https://www.mhc.tn.gov.in/judis WP No. 19923 of 2022 __________ Page7 of 6 https://www.mhc.tn.gov.in/judis