Madras High Court
Padmasoundaram vs State Represented By on 17 November, 2021
W.P.No.22161 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.22161 of 2021
Padmasoundaram ... 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,
Represent by its Executive Officer,
HR and 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, to call for the
records of the second respondent in his Cheque Slip in Refusal Number / RFL /
Pollachi / 20 /2021 dated 21.09.2021 and to quash the same and consequently
direct the second respondent herein to entertain and to register the instruments,
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W.P.No.22161 of 2021
such as Settlement Deed, Sale Agreement, Sale Deed and any other instruments
in respect of the lands to an extent of 2400 sq.ft comprised in S.No.15B/2A2
situated in A.Sangampalayam Village, Pollachi Taluk, Achipatti Panchayat,
Pollachi Taluk, Coimbatore District.
For Petitioner : Mr.M.Raja Sekhar
For R1 and R2 : Mr.A.Selvendran
Special Government Pleader.
ORDER
This Writ Petition has been filed for the issuance of Writ of
Certiorarified Mandamus, to call for the records of the second respondent in his
Check Slip in Refusal Number / RFL / Pollachi / 20/2021, dated 21.09.2021
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 2400 sq.ft comprised in S.No.15B/2A2 situated in A.Sangampalayam
Village, Pollachi Taluk, Achipatti Panchayat, Pollachi Taluk, Coimbatore
District.
2. Heard Mr.M.Raja Sekhar, learned counsel appearing for the
petitioner and Mr.A.Selvendran, learned Special Government Pleader
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W.P.No.22161 of 2021
appearing for the respondents 1 and 2.
3. The petitioner's vendor's vendor owned a property comprised 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 appeals before this Court and this Court confirmed the order
passed by the Inam Abolition Tribunal.
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W.P.No.22161 of 2021
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 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
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W.P.No.22161 of 2021
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 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 21.09.2021 and presented the
same for registration before the second respondent. However, the second
respondent issued an impugned Cheque Slip, dated 21.09.2021 for the reason
that the subject property stood in the name of the third respondent.
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W.P.No.22161 of 2021
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 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 / 20/2021, dated 21.09.2021 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.
17.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
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W.P.No.22161 of 2021
To
1. The Inspector General of Registration,
State of Tamil Nadu,
No.100, Santhome High Road,
Santhome, Chennai - 600 028.
2. The Sub Registrar,
Office of the Sub Registrar Pollachi,
Pollachi.
3. The Executive Officer,
A/m. Subramania Swamy Thirukoil,
HR and CE Department,
Pollachi, Coimbatore District.
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W.P.No.22161 of 2021
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.22161 of 2021
17.11.2021
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