Madras High Court
Krishnan vs The Sub Registrar on 28 April, 2021
W.P.(MD).No.8721 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8721 of 2021
Krishnan ... Petitioner
Vs.
1.The Sub Registrar,
Kamuthi,
Ramanathapuram District.
2.Kottaiswari,
W/o Rajamanickam,
Kottaimedu,
Kamuthi Taluk,
Ramnad District. ... Respondents
(Second respondent is suo motu impleaded as a party respondent in this
writ petition vide order dated 28.04.2021, in W.P.(MD).No.8731 of 2021)
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Certiorarified Mandamus, calling for
the records of the impugned order passed by the respondent in
RFL/Kamuthi/13/2021, dated 05.04.2021 and quash the same as illegal.
For Petitioner : Mr.S.Bharathy
For Respondent : Mr.K.Sathiya Singh for R1
1/5
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8721 of 2021
ORDER
Ms.Kottaiswari, W/o Rajamanickam, Kottaimedu, Kamuthi Taluk,
Ramnad District, is suo motu added as the second respondent in this writ
petition.
2.On consent given by either side, the main writ petition itself is
taken up for final hearing.
3.The subject matter of challenge in the present writ petition is the
Refusal Check Slip issued by the first respondent, dated 05.04.2021,
wherein, the first respondent has refused to register the document
presented by the petitioner on the ground that the suit filed by the
petitioner in O.S.No.46 of 2012, on the file of the District Munsif Court,
Kamuthi, is pending.
4.Heard Mr.S.Bharathy, learned counsel for the petitioner and
Mr.K.Sathiya Singh, learned Additional Government Pleader, for the first
respondent.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8721 of 2021
5.The case of the petitioner is that he purchased the subject
property by virtue of a registered sale deed, dated 15.02.2012, registered
as document No.242/12, on the file of the first respondent. The
petitioner wanted to sell this property and hence, he executed a sale deed,
dated 05.04.2021, in favour of one Karuputhurai. When this document
was presented for registration before the first respondent, the same was
refused to be registered on the ground that a suit filed by the petitioner in
O.S.No.46 of 2012, on the file of the District Munsif Court, Kamuthi, is
pending.
6.In the considered view of this Court, the mere pendency of a
Civil suit can never be a ground for refusing to register a document.
Unless the transfer of property is restrained by any specific order passed
in a pending suit, any transfer of property that takes place during the
pendency of the suit will only be subject to the result of the suit, as per
the doctrine of lis pendense. This position of law has been reiterated in
various judgments.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8721 of 2021
7.In view of the above, this Court has absolutely no hesitation to
interfere with the impugned Refusal Check Slip issued by the first
respondent and accordingly, the same is quashed. The first respondent is
directed to entertain the document presented for registration by the
petitioner, if it is otherwise in order and necessary stamp duty and
registration charges are paid. The documents shall be released after it is
registered. It is also made clear that this transaction will be subject to the
result of the suit that is pending on the file of the learned District Munsif,
Kamuthi.
8.This writ petition is disposed of with the above directions. No
costs.
28.04.2021
Index :Yes/No
Internet : Yes/No
TM
To
1.The Sub Registrar,
Kamuthi,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8721 of 2021
N.ANAND VENKATESH.J.,
TM
W.P.(MD).No.8721 of 2021
28.04.2021
https://www.mhc.tn.gov.in/judis/
