Madras High Court
A.Venkatasubramaniam vs State Represented By on 8 January, 2021
W.P.Nos.41268 of 2016 & 7026 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2021
CORAM
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. No. 41268 of 2016 & 7026 of 2017
and W.M.P. Nos. 35241 & 35240 of 2016 and 7656 of 2017
A.Venkatasubramaniam
... Petitioner in W.P. No.41268 of 2016
S.Palanisamy
... Petitioner in W.P. No.7026 of 2017
Vs
1.State represented by
The Inspector General of Registration,
No.100, Santhome High Road,
Santhome, Chennai – 600 028.
2.The Sub Registrar,
Pollachi, Coimbatore District.
3.The Executive Officer,
A/m. Subramania Swamy Thirukoil,
Pollachi.
... Respondents in both the Writ Petitions
https://www.mhc.tn.gov.in/judis/
W.P.Nos.41268 of 2016 & 7026 of 2017
PRAYER in W.P. No.41268 of 2016 : Writ Petition filed under Article 226 of
the Constitution of India, praying to issue a Writ of Certiorarified Mandamus or
any other appropriate Writ, Direction or Order in the nature of a Writ, to call
for the entire records relating to the impugned order of the second respondent
in his Check slip No.714 of 2016 dated 10.11.2016 and to quash the same and
consequently direct the second respondent herein to entertain and to register the
instruments, such as Sale Agreement, Sale Deed and any other instruments in
respect of the lands comprised in the above Survey Nos.1/2A and 15A situated
in A.Sangampalayam Village, Pollachi Taluk, Coimbatore District.
PRAYER in W.P. No.7026 of 2017: Writ Petition filed under Article 226 of
the Constitution of India, praying to issue a Writ of Certiorarified Mandamus or
any other appropriate Writ, Direction or Order in the nature of a Writ, to call
for the entire records relating to the impugned order of the second respondent
in his Check slip No.82 of 2017 dated 14.12.2017 and to quash the same and
consequently direct the second respondent herein to entertain and to register the
instruments, such as Sale Agreement, Sale Deed and any other instruments in
respect of the lands comprised in the old S.F. No.15B2 and S.F. No.15B2/2A1,
in Patta No.69 situated in A.Sangampalayam Village, Pollachi Taluk,
Coimbatore District.
For Petitioner : Mr. K.Doraisamy
(in both Petitions)
For Respondents 1&2 : Mr. B.Kannan
Government Advocate
3 Ms. R.Meenal
(in both Petitions)
https://www.mhc.tn.gov.in/judis/
W.P.Nos.41268 of 2016 & 7026 of 2017
COMMON O RD E R
These Writ Petitions are filed challenging the order of Sub Registrar,
Pollachi, Coimbatore District, in the Check Slip No.714 of 2016 dated
10.11.2016 and Check Slip No.82 of 2017 dated 14.02.2014, and to direct the
second respondent herein to register the instruments namely the sale
agreements or sale deeds or any other instruments in respect of lands comprised
in the old S.F. No.15B2 and S.F. No.15B2/2A1, in Patta No.69 situated in
A.Sangampalayam Village, Pollachi Taluk, Coimbatore District.
2. Brief facts that are necessary for the disposal of this Writ Petition are
as follows.
The lands in Survey Nos.1/1, 1/2A and 15A, 15B2, 17/8 situated at
A.Sangampalayam Village, Pollachi Taluk, Coimbatore District, appear to have
been assigned in favour of One Kuppayan who was the then Poojari of
Arulmigu Subramania Swami Thirukoil, Pollachi. It is stated in the
accompanying affidavit filed in support of this Writ Petition that the said
assignment by way of Jari man Patta was by the then District Collector of
British Government in the year 1805. The Tamil Nadu Government enacted
Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari Act)
(hereinafter referred as “the Act”) in 1963 and settlement proceedings were
https://www.mhc.tn.gov.in/judis/
W.P.Nos.41268 of 2016 & 7026 of 2017
initiated. It appears that the there was a dispute with regard to the title of the
property. While the legal heir of Kuppayan claimed Ryotwari patta in respect of
the lands, the third respondent temple also applied for Ryotwari patta in terms
of the provisions of the Act. It is now admitted that the patta in favour of one
Subbulakshmi Ammal who is the legal heir of Kuppayan was issued and that
the settlement proceedings have become final. Even thereafter, the temple filed
a suit in O.S.No.187 of 1990, before the Sub Court, Udumalpet, against the said
Subbulakshmi for declaration of title in respect of Ryotwari lands comprised in
Survey Nos.1/1, 1/2A and 15A, 15B2, 17/8 situated at A.Sangampalayam
Village, Pollachi Taluk, Coimbatore District. The suit claiming title over the
property was dismissed and a further appeal was also dismissed in A.S. No.153
of 1999. Thereafter, the temple preferred S.A. No.2137 of 2001 and the second
appeal was also dismissed on 21.12.2001. The temple thereafter preferred a
Special Leave Petition before the Hon'ble Supreme Court and then the matter
was remanded to this Court to decide the Second Appeal afresh. Thereafter, this
Court heard the Second Appeal and dismissed the Second Appeal on
29.04.2015. The judgment of this Court in the Second Appeal was also
confirmed by the Hon'ble Supreme Court by dismissing Special Leave Petition
in S.L.P. No.6395 of 2016 on 18.07.2016.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.41268 of 2016 & 7026 of 2017
3. The grievance of the petitioners is that by the impugned Check Slips
the second respondent namely the Sub-Registrar refused to register the sale
deed on the basis of letter addressed to the Sub Registrar by the third
respondent temple. Challenging the impugned Check Slips, these two writ
petitions are filed.
4. Though there is no impediment for allowing these Writ Petitions, the
temple appears to have contested the Writ Petitions only on the ground that the
review petition is pending as against the judgment and decree of this Court in
S.A. No.2137 of 2001. It is not known as to how the review petition is
maintainable after the dismissal of Special Leave Petition by Hon'ble Supreme
court on merits. However, the fact that the said review petition was also
dismissed by this Court is now admitted. It is seen that the review petition was
preferred after a long delay of nearly two years. Ultimately, the order of this
Court dated 17.09.2019, indicate that the review petition was dismissed on
merits. In view of the dismissal of the review petition, the third respondent
cannot claim title or right over the property of the petitioners and derive title or
Ryotwari patta in preference to the petitioners. Hence, this Court has no
hesitation to allow this Writ Petition.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.41268 of 2016 & 7026 of 2017
5. Accordingly, these Writ Petitions are allowed and the impugned orders
of the second respondent in Check Slip No.714 of 2016 dated 10.11.2016 and
Check Slip No.82 of 2017 dated 14.02.2014, are hereby quashed. No costs.
Connected miscellaneous petitions are closed.
The second respondent is directed to register the instrument if it is
presented by the petitioners or any one claiming under them. In case, if the
instrument presented by the petitioners is still pending, the second respondent
is directed to register the same and return the original instrument within a
period of three weeks from the date of receipt of a copy of this order.
08.01.2021
Index:Yes/No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis/
W.P.Nos.41268 of 2016 & 7026 of 2017
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Santhome, Chennai – 600 028.
2.The Sub Registrar,
Pollachi, Coimbatore District.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.41268 of 2016 & 7026 of 2017
S.S.SUNDAR. J.,
bkn
W.P. No. 41268 of 2016 & 7026 of 2017
and W.M.P. Nos. 35241 & 35240 of 2016 and 7656 of 2017
08.01.2020
https://www.mhc.tn.gov.in/judis/
