Mayilsamy vs The Sub-Registrar
2021 Latest Caselaw 15976 Mad

                                                                 1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 05.08.2021

                                                          CORAM

                                    THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

                                                  W.P.No.15092 of 2021
                                              and W.M.P.No.15985 of 2021

                     Mayilsamy                                                .. Petitioner

                                                           Vs.


                     The Sub-Registrar
                     Office of the Sub-Registrar,
                     Dharapuram,
                     Tiruppur District.
                                                                              .. Respondent

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India

                     praying to issue a Writ of Certiorarified Mandamus calling for the records

                     of order of refusal check slip in Refusal Number:RFL/Dharapuram/17/2021

                     dated 30.04.2021 passed by the respondent herein and quash the same and

                     consequently direct the respondent to register the document of Gift

                     Settlement Deed dated 30.04.2021 presented by the petitioner.

                                     For Petitioner       .. Mr.N.Ponraj
                                     For Respondent       .. Mr.Yogesh Kannadasan
                                                             (Govt.Advocate)


https://www.mhc.tn.gov.in/judis/
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                                                             ORDER

Heard Mr.N.Ponraj, learned counsel for the petitioner and Mr.Yogesh

Kannadasan, learned Government Advocate for the respondent.

2.The petitioner had presented a Settlement Deed in favour of his

brother with respect to a land in S.F.No.345 in R.S.No.1187 in Kundadam

Village, Dharapuram Taluk, Tiruppur District. The respondent appears to

have refused to register the same, claiming that an agreement of sale deed

dated 11.02.2016 had been registered as Document No.1071/2016 which

agreement had been entered into between the petitioner and one

Pushpavalli.

3.The learned counsel for the petitioner, pointed out to an order of

the Division Bench in which I was a party where the reference was very

specific, namely, whether the Sub-Registrar can refuse registration of a

document when presented on the ground that an agreement of sale had been

entered into and registered with respect to the very same property. The

answer of the Division Bench was that such refusal is improper and

https://www.mhc.tn.gov.in/judis/

unlawful. The said judgment had been delivered in W.P.No.674 of 2020,

N.Ramayee V. The Sub-Registrar and another reported in (2020) 6 CTC

4.In view of the said position of law, I would therefore direct the

respondent herein to receive the Settlement Deed presented for registration

by the petitioner and if it is otherwise in order register the same and should

not hold the registration of an earlier agreement of sale as a bar for such

registration.

5.With the above observations, the Writ Petition is allowed. No costs.

Consequently, the connected Writ Miscellaneous Petition is closed.

05.08.2021

Index:Yes/No Internet:Yes/No smv

To

The Sub-Registrar Office of the Sub-Registrar, Dharapuram, Tiruppur District.

https://www.mhc.tn.gov.in/judis/

C.V.KARTHIKEYAN,J

smv

W.P.No.15092 of 2021

05.08.2021

https://www.mhc.tn.gov.in/judis/