Madras High Court
D.Rajkumar vs The Collector on 10 November, 2021
W.P.No.7807 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P. No. 7807 of 2021
D.Rajkumar .... Petitioner
Vs
1.The Collector,
Dharmapuri District,
Dharmapuri.
2.The Sub-Registrar,
Pappireddipatti,
Dharmapuri District. .... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, directing the respondents to
register the sale deed of the property in S.No.237/1B3D to the extent of
10.0 Cents situated at Vepilaimuthampatti Village, Veppilai
Muthampatti, Post, Dharmapuri District without insisting upon the
petitioner to produce the individual plot approval land.
For Petitioner : Mr.S.Doraisamy
For Respondents : Mr.Yogesh Kannadasan
Government Advocate
ORDER
This Writ Petition has been filed for issuance of Writ of
Mandamus, directing the respondents to register the sale deed of the
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W.P.No.7807 of 2021
property comprised in S.No.237/1B3D to the extent of 0.10 cents situated
at Vepilaimuthampatti Village, Veppilai Muthampatti, Post, Dharmapuri
District without insisting upon the petitioner to produce the individual
plot approval land.
2. Heard, Mr.S.Doraisamy, learned counsel appearing for the
petitioner and Mr.Yogesh Kannadasan, learned Government Advocate
appearing for the respondents.
3. The petitioner purchased the land comprised in survey
No.237/1B3D to an extent of 0.10 cents situated at Vepilaimuthampatti
Village from one Madhaiyan and presented the sale deed for registration
on 15.03.2021 before the second respondent. The second respondent
returned the sale deed for want of individual plot approval. The
petitioner's vendor already gifted common pathway adjacent to the said
plot. His vendor already had registered many sale deeds to the individuals
in respect of the remaining land comprised in the same survey number.
4. The learned counsel for the petitioner submitted that as per Rule
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W.P.No.7807 of 2021
162 of the Tamil Nadu Registration Rules only the documents
enumerated in the said rules alone can be refused to register. The second
respondent had no authority to refuse to register the documents, which
has not fall under Rule 162.
5. The second respondent filed a counter stating that the
petitioner's vendor had purchased the property comprised in survey
No.237/1B3 to an extent of 0.78 cents situated at Vepilaimuthampatti
Village by a registered sale deed vide document No.2074 of 2006. Out
of the total extent, the petitioner had purchased 0.10 cents. The total
extent of the subject property was already converted into house plots by
leaving 12 feet road. The Adangal copy has not been furnished to show
that the land is an agricultural land. Therefore, the said sale deed
presented by the petitioner was returned to produce approval for the
house site. It is further stated that as per the Circular in
Na.Ka.No.10021/L1/2018 issued by the Inspector General of Registration
dated 11.04.2018 for area coming under Village Panchayat, the extent for
land between 10 to 20 cents, Sub Registrar should decide the nature of
the land as agricultural land or plot based on the survey number's
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W.P.No.7807 of 2021
previous entry and surrounding survey numbers.
6. In the case on hand, admittedly, the petitioner purchased 0.10
cents out of 0.78 cents and the remaining property was sold out to
various third persons and the same has been duly registered by the
second respondent. That apart, for registration of sale deed, it is not the
concern of the second respondent, as to whether the subject property is an
agricultural land or house plots. For registration of the documents,
while calculating the stamp duty and registration charges, the second
respondent has to consider whether the subject property is an
agricultural land or house plots. He does not require approval of layout
for registering the document.
7. In this regard, it is relevant to extract the Judgment of the
Hon'ble Division Bench of this Court reported in 2020 (8) MLJ 305 in
the case of N. Ramayee Vs. The Sub-Registrar, which reads as follows :
“18. Conspectus of the various provisions referred
above make it clear that the Registering Officer cannot go
into the title of the property in respect of which document is
presented. However, under various provisions he has power
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W.P.No.7807 of 2021
to refuse to accept the document for registration unless
mistakes found in the document are set right properly.
Except Section 22-A of the Tamil Nadu Act, other provisions
referred above do not give any power to the registering
officer to refuse to register the document presented by the
person executing documents. Rule 60 also states that the
registering officer can only enquire about the executant and
the claimant of the instrument of sale regarding whose
identity he has to satisfy himself. But the provisions does
not give absolute power to refuse registration. As already
indicated Page 20/36 W.P.No.674 of 2020 above, the
purpose and object of the Act is to give a public notice
about any encumbrance in the immovable property”.
Thus, it is clear that the second respondent cannot refuse to accept the
documents for registration except the documents enumerated under Rule
162 of the Tamil Nadu Registration Rules.
8. In view of the above, the impugned Refusal Check Slip
No.RFL/Pappireddipatti/3/2021 dated 17.03.2021 issued by the second
respondent cannot be sustained and it is liable to be set aside,
accordingly, it is set aside. The petitioner is directed to present the
documents within a period of two weeks from the date of receipt of a
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W.P.No.7807 of 2021
copy of this order and on receipt of the same, the second respondent is
directed to register the same, otherwise if it is in order with regard to
stamp duty and registration charges.
9. In the result, the writ petition stands allowed. No order as to
costs.
10.11.2021
Index : Yes/No.
Internet : Yes/No.
Lpp
To
1.The Collector,
Dharmapuri District,
Dharmapuri.
2.The Sub-Registrar,
Pappireddipatti,
Dharmapuri District.
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W.P.No.7807 of 2021
G.K.ILANTHIRAIYAN, J
Lpp
W.P. No. 7807 of 2021
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W.P.No.7807 of 2021
10.11.2021
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