Madras High Court
V.R.Usha vs State Represented By on 20 December, 2021
W.P.No.26210 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.26210 of 2021
V.R.Usha .... Petitioner
Vs
1. State Represented by
The Inspector General of Registration,
No.100, Santhome High Road,
Santhome, Chennai – 600 028.
2. The Sub Registrar,
Office of the Sub Registrar Pollachi,
Pollachi.
3. A/m.Subramania Swamy Thirukoil,
Represented by its Executive Engineer,
HR & CE Department,
Pollachi, Coimbatore District. .... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorarified Mandamus, call
for the records of the second respondent in his Check Slip in Refusal
Number/RFL/Pollachi/22/2021 dated 10.11.2021 and to quash the same
and consequently direct the second respondent herein to entertain and to
register the instruments, such as Settlement Deed, Sale Agreement, Sale
Deed and any other instruments in respect of the lands to an extent of 2
acres 15.0 cents comprised in S.No.1/2A in Patta No.880 and present
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W.P.No.26210 of 2021
S.No.1/2A2 situated in A.Sangampalayam Village, Pollachi Taluk,
Coimbatore District.
For Petitioner : Mr.M.Rajasekhar
For R1 & R2 : Mr.Yogesh Kannadasan
Special Government Pleader
For R3 : Mr.T.Chandrasekaran
Special Government Pleader
ORDER
This writ petition has been filed for issuance of Writ of
Certiorarified Mandamus, calling for the records of the second
respondent in his Check Slip in Refusal Number/RFL/Pollachi/22/2021
dated 10.11.2021; to quash the same and consequently direct the second
respondent herein to entertain to register the instruments, such as
Settlement Deed, Sale Agreement, Sale Deed and any other instruments
in respect of the lands to an extent of 2 acres 15.0 cents comprised in
S.No.1/2A in Patta No.880 and present S.No.1/2A2 situated in
A.Sangampalayam Village, Pollachi Taluk, Coimbatore District.
2. Heard, Mr.M.Rajasekhar, learned counsel appearing for the
petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondents 1 & 2 and Mr.T.Chandrasekaran, Special
Government Pleader appearing for the third respondent.
3. The petitioner's vendor's vendor owned a property comprised
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W.P.No.26210 of 2021
in S.F.No.1/1, 1/2A, 15A and 15B2 situated at A.Sangampalayam
Village, Pollachi Taluk and the property comprised in Survey No.98/A2
situated at Solanur Village, Pollachi Taluk. She applied for Patta under
Section 8(1) of the Tamil Nadu Minor Inams (Abolition and Conversion
into Ryotwari Act) and the Settlement Officer by an order dated
11.11.1968 rejected her application for issuance of Ryotwari Patta and
issued Patta in favour of the third respondent.
4. However, it was challenged in C.M.A.No.18 of 1970, before
the learned Inam Abolition Tribunal, Coimbatore and by an order dated
15.03.1972, it was allowed, holding that the subject lands were non-
Ryotwari lands and the petitioner's vendor's vendor was entitled for Patta.
Accordingly, the Patta issued in favour of the third respondent was
cancelled and Patta was issued in favour of the petitioner's vendor's
vendor. However, the third respondent filed appeal before this Court and
this Court confirmed the order passed by the Inam Abolition Tribunal.
5. The third respondent also filed a suit in O.S.No.187 of 1990
on the file of the Sub-Court, Udumalpet, for declaration of title in their
favour in respect of the subject property. Pending suit, the said property
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W.P.No.26210 of 2021
was purchased by Pollachi Town Co-operative Building Society Limited
by the registered sale deed, dated 05.07.1995 registered vide Document
No. 3797 of 1995. The said society had developed the entire property
and divided into 100 house site plots after getting approval from the
Director of Town and Country Planning in R.C.No.8061/1999LA3, dated
04.05.2000. The society sold out the house plots to various purchasers in
which one of the house plots is purchased by the petitioner in Site No.40
to an extent of 2400 sq.ft comprised in S.F No.15B/2A2 situated at
A.Sangampalayam Village, Pollachi, by the registered sale deed, dated
28.01.2001, registered vide Document No.4585 of 2001. The petitioner
was also issued Patta.
6. In the meanwhile, the said suit filed by the third respondent
was dismissed by the Judgment and Decree, dated 30.04.1999.
Aggrieved by the same, the third respondent preferred an appeal in
A.S.No.153 of 1999 on the file of the Learned Principle District Judge,
Coimbatore and the same was dismissed by the Judgment and Decree,
dated 13.01.2000. The third respondent, also filed second appeal in
S.A.No.2137 of 2001 as against the Judgment and Decree passed in
A.S.No.153 of 1999 and the same was also dismissed on 21.12.2001.
7. Aggrieved by the same, the third respondent also filed
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W.P.No.26210 of 2021
Special Leave Petition before the Hon'ble Supreme Court of India in SLP
No.6395 of 2016 and the Hon'ble Supreme Court of India dismissed the
same by an order dated 18.07.2016. In fact, the third respondent also
filed a review petition and the same was also dismissed on 17.09.2019.
In fact, when the petitioner presented the sale agreement for registration
before the second respondent and the same was returned for the reason
that the third respondent filed protest petition, not to register any
document in respect of the subject property for the reason that the third
respondent filed review petition and it is pending.
8. Thereafter, the petitioner intended to settle the property in
favour of her son and executed a settlement deed on 10.11.2021 and
presented the same for registration before the second respondent.
However, the second respondent issued an impugned Cheque Slip, dated
10.11.2021 for the reason that the subject property stood in the name of
the third respondent.
9. As stated above, already the third respondent had lost up to
the Hon'ble Supreme Court of India in respect of the title over the subject
property. Therefore, there is absolutely no impediment for the second
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W.P.No.26210 of 2021
respondent to register the settlement deed executed by the petitioner
herein.
10. In view of the above, the impugned Cheque Slip in Refusal
Number/RFL/Pollachi/22/2021 dated 10.11.2021 is hereby quashed. The
petitioner is directed to re-present the present sale deed and other
documents for registration and the second respondent is directed to
register and release the same.
11. In the result, this writ petition stands allowed. There shall be
no order as to costs.
20.12.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
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To
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W.P.No.26210 of 2021
1. The Inspector General of Registration,
No.100, Santhome High Road,
Santhome, Chennai – 600 028.
2. The Sub Registrar,
Office of the Sub Registrar Pollachi,
Pollachi.
3. A/m.Subramania Swamy Thirukoil,
Represented by its Executive Engineer,
HR & CE Department,
Pollachi, Coimbatore District.
G.K.ILANTHIRAIYAN, J.
https://www.mhc.tn.gov.in/judis
W.P.No.26210 of 2021
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W.P.No.26210 of 2021
20.12.2021
https://www.mhc.tn.gov.in/judis
