Madras High Court
C.Subramanian vs The District Registrar (Admin) on 28 September, 2021
W.P(MD)No.17420 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD).No.17420 of 2021
C.Subramanian ... Petitioner
Vs.
1.The District Registrar (Admin),
Karaikudi Town,
Sivagangai District.
2.The Sub Registrar,
Ponnamaravathi,
Pudhukottai District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the second
respondent to furnish the guide line value and relevant particulars to the
petitioner and to register the documents to be presented by the petitioner for
registration on the basis of the circular dated 09.07.2021 issued by the Inspector
General (Registration) on petitioner's representation dated 30.08.2021.
For Petitioner : Mr.Babu Rajendran
For Respondents : Mr.P.Subbaraj
Counsel for State
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17420 of 2021
ORDER
The petitioner seeks a direction to the second respondent to provide the
guide line value and relevant particulars, and register the documents presented
by the petitioner for registration.
2.The petitioner claims title to properties under multiple survey numbers
of a total extent of 4 acres and 37 cents at Sathanur Village, Ponnamaravathi
Taluk, Pudukkottai District. In view of the fact that the petitioner's father
executed a settlement deed in favour of one Thavamani on 05.10.1982 and the
said Thavamani, in turn, executed a sale deed in favour of one Annadurai on
27.10.1999, the petitioner filed a suit for partition in O.S.No.221 of 2010
against his sisters and the above mentioned transferees before the District
Munsif Cum Judicial Munsif, Thirumayam. According to the petitioner, the
findings in such suit are in his favour but the suit was dismissed for alleged
non-joinder of necessary parties. An appeal was filed against the judgment and
decree in the suit. The appellate court concluded that the dismissal of the suit
for non-joinder was incorrect. However, the first appellate court also dismissed
the suit on the basis that some of the properties included in the schedule to the
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17420 of 2021
suit were not exclusive properties of the petitioner's father, Chinnaiah Velalar.
The relevant decrees are said to be registered before the Sub Registrar,
Ponnamaravathi.
3.In these circumstances, the petitioner approached the second
respondent to register a sale deed in respect of the petitioner's share in the
properties referred to above. Upon submission of such document, the petitioner
states that the second respondent called upon the petitioner to cancel the earlier
documents in relation to the relevant property. The present writ petition is filed
in the said facts and circumstances.
4.The petitioner brings to the notice of the Court that a communication
dated 17.09.2021 was received by the petitioner after the writ petition was filed.
By such communication, the petitioner was informed that any document
submitted for registration by the petitioner would be considered and disposed
of in accordance with law.
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W.P(MD)No.17420 of 2021
5.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of
both the respondents.
6.Registration authorities do not have the power to cancel a registered
document as on date. Nonetheless, if a document is received for registration,
registration authorities are required to either carry out such registration or
indicate cogent reasons for refusing to register the relevant document. In effect,
one of the two options indicated above should be exercised and failure to
respond is not a legitimate option.
7.The petitioner's prayer to register documents, which may be presented
by the petitioner cannot be granted. A statutory authority cannot be directed to
register documents that may be presented in future. However, if the petitioner
submits a document for registration, as indicated above, the registration
authorities should either register the document or indicate reasons for refusal to
do so. With the above observations but without entering any findings on the
merits of the matter, W.P.(MD).No.17420 of 2021 is disposed of by directing
the second respondent to consider and dispose of any application for
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W.P(MD)No.17420 of 2021
registration of a document from the petitioner by taking into account the
observations set out above. However, there shall be no order as to costs.
28.09.2021
Index : Yes / No
Internet : Yes/ No
sn/sji
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The District Registrar (Admin),
Karaikudi Town,
Sivagangai District.
2.The Sub Registrar,
Ponnamaravathi,
Pudhukottai District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17420 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sn/sji
W.P(MD).No.17420 of 2021
28.09.2021
https://www.mhc.tn.gov.in/judis/
