Madras High Court
T.S.R.Venkat Ramana vs The State Of Tamil Nadu on 20 April, 2021
W.P.(MD).No.8107 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8107 of 2021
T.S.R.Venkat Ramana ...Petitioner
Vs.
1. The State of Tamil Nadu
rep by its Secretary,
Commercial Taxes and Registration Department,
St.Fort.George, Chennai.
2. The Inspector General of Registration,
Mandhaveli,
Chennai-600 028.
3. The District Registrar,
Tenkasi.
4. No.2 Joint Sub-Registrar, Tenkasi. ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for the records of the fourth
respondent in 'Refusal Check Slip-Refusal No:RFL/No.2 Joint Sub-Registrar,
Tenkasi/26/2021' and quash the same and direct him to register the
petitioner's settlement deed executed in favour of his children dated
19.03.2021 within a time frame to be fixed by this Court.
For Petitioner : Mr.J.Thomas Raja Durai
For Respondents : Mr.K.Sathiyasingh
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8107 of 2021
Additional Government Pleader
ORDER
On consent given by either side, the main Writ Petition itself is
taken up for final disposal.
2. This Writ Petition has been filed challenging the refusal check
slip, issued by the fourth respondent, dated 19.03.2021, wherein, the fourth
respondent has refused to entertain the settlement deed executed by the
petitioner, dated 19.03.2021.
3. The case of the petitioner is that a large extent of property
belonged to the family and it was treated as a Hindu Undivided Family
(HUF) property. The father of the petitioner died in the year 1999, leaving
behind 11 children. Thereafter, there was an oral partition among the family
members and what was already partitioned among the family members was
reduced into writing by way of a family arrangement / Kaithadibhagam.
Thereby, the portion belonging to the petitioner was allotted and the
petitioner is in possession and enjoyment of the same.
4. The petitioner executed a settlement deed, dated 19.03.2021 in
favour of his children and presented the same for registration before the
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W.P.(MD).No.8107 of 2021
fourth respondent. The fourth respondent refused to register the document on
the ground that the earlier family arrangement / Kaithadibagam has not been
registered. Aggrieved by the same, the present Writ Petition has been filed
before this Court.
5. Heard Mr.J.Thomas Raja Durai, learned Counsel appearing on
behalf of the petitioner and Mr.K.Sathiyasingh, learned Additional
Government Pleader appearing on behalf of the respondents.
6. In the considered view of this Court, the fourth respondent
went wrong in finding that the family arrangement, which was reduced into
writing as a document, has to be compulsory registered and since this has not
been done, the settlement deed that was presented by the petitioner cannot be
registered. The facts of the present case is that there was already an oral
partition among the family members and the properties were also allotted
among the children and subsequently, it was reduced into writing by way of a
family arrangement. It is now a settled law that if the family arrangement
document merely records the earlier partition that has already taken place, the
same does not require any registration. Useful reference can be made to the
judgment of this Court in the case of Vincent Lourdhenathan Dominique
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W.P.(MD).No.8107 of 2021
and another Vs. Josephine Syla Dominique reported in 2008 (1) CTC 308
and reference can also be made to the judgment of the Hon'ble Supreme
Court in the case of Ravinder Kaur Grewal and Others Vs. Manjit Kaur and
Others reported in (2020) 6 MLJ 500 .
7. It is also seen that the share that was allotted through the
earlier partition to the other legal heirs was dealt with and it was registered on
the file of the fourth respondent. Therefore, the fourth respondent cannot
now take a different stand, when it comes to registration of the document
presented by the petitioner.
8. In view of the above discussion, this Court has absolutely no
hesitation to interfere with the refusal check slip issued by the fourth
respondent and the same is hereby quashed. There shall be a direction to the
fourth respondent to entertain the settlement deed, dated 19.03.2021,
presented for registration by the petitioner and register the document, if it is
otherwise in order and the necessary stamp duty and registration charges are
paid. The document shall be released after the same is registered.
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W.P.(MD).No.8107 of 2021
9. This Writ Petition stands allowed with the above directions.
No costs.
20.04.2021
Internet : Yes/No
Index : Yes/No
tsg
To
1.The Secretary,
Commercial Taxes and Registration Department,
St.Fort.George, Chennai.
2.The Inspector General of Registration,
Mandhaveli, Chennai-600 028.
3.The District Registrar,
Tenkasi.
4.No.2 Joint Sub-Registrar,
Tenkasi.
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8107 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.8107 of 2021
Dated:
20.04.2021
https://www.mhc.tn.gov.in/judis/
