Madras High Court
Senthamarai vs The Sub Registrar on 7 April, 2022
W.P.No.8592 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.No.8592 of 2022
and
W.M.P.Nos.8501 & 8503 of 2022
Senthamarai ... Petitioner
Vs.
The Sub Registrar,
Harur,
Dharmapuri District. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records
pertaining to the Refusal Check Slip in refusal No.RFL/Harur/79/2022 dated
28.03.2022 passed by the respondent and to quash the same as illegal,
incompetent and ultra vires and consequently direct the respondent to
register the sale deed dated 28.03.2022.
For Petitioner : Mr.J.Pradeep
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
*****
https://www.mhc.tn.gov.in/judis
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W.P.No.8592 of 2022
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorarified Mandamus, to call for the records pertaining to the Refusal
Check Slip in refusal No.RFL/Harur/79/2022 dated 28.03.2022 passed by the
respondent and to quash the same as illegal, incompetent and ultra vires and
consequently to direct the respondent to register the sale deed dated
28.03.2022.
2. The case of the petitioner is that property in Survey Nos.134/1F
and 134/2A2 of an extent of 0.89 and 1.25 cents situated at
Ellapudayampatty Village, Harur Taluk, Dharmapuri District, was owned by,
one Mariappan, Theerthagiri and Jayaprakash and they are in possession and
enjoyment of the property, which is an ancestral property of the said three
persons. Thereafter, the said persons executed a sale deed dated 28.03.2022
in favour of the petitioner in respect of the said property and presented the
same for registration before the respondent. However, the respondent refused
to register the same and issued Refusal Check slip in Refusal
No.RFL/Harur/79/2022 dated 28.03.2022 stating that a civil suit in
O.S.No.38 of 2022 with regard to subject matter of the property is pending
before the District Munsiff Court, Harur. Challenging the said Refusal Check
Slip, the present writ petition has been filed.
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W.P.No.8592 of 2022
3. Heard Mr.J.Pradeep, learned counsel for the petitioner and
Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for
the respondent.
4. Admittedly, the petitioner had intended to purchase the property
from the above said persons. Therefore, he presented the said document
before the respondent on 28.03.2022. However, the said document was
returned on the ground that a suit in O.S.No.38 of 2022 was pending and one
Appadurai has filed an application in Application No.9 of 2022.
5. In this regard, learned counsel for the petitioner submits that the
pendency of any suit is not an impediment for the registering authority to
register the document, when the title is in favour of the executant. Mere
pendency of the suit is not an impediment or legal obstacle for registering
sale deed, since there is no interim order as against the registering authority.
6. He also submits that the issue that arises for consideration in this
writ petition is no longer res-integra and to support his contention, he relied
upon the judgment reported in 2021 (1) CTC 535 in the case of
Vadamugam Vellode Nalukarai Nattu Goundergal Sangam Vs. Inspector
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W.P.No.8592 of 2022
General of Registration Department and others, in which, this Court held
that the registering authority being statutory authority, has to strictly perform
his function in accordance with law. Unless and otherwise a Competent Civil
Court passes any interim order restraining the alienation of the property, the
registering authority has to entertain the documents and register the same, if
it is otherwise in order. Ultimately, even if the suit is decreed, the transaction
will be subject to the rule of "lis pendens". There is no law in force which
says that no transaction can take place during the pendency of the Suit.
7. In view of the above dictum laid down by this Court, the
respondent has no right to refuse to register the document except the
documents relating to immovable properties mentioned in Section 22-A of
the Registration Act and as contemplated under Rule 162 of the Registration
Rules. Hence, the above judgment is squarely applicable to the present case
and the impugned Refusal Check Slip dated 28.03.2022 cannot be sustained
as against the petitioner and it is liable to be set aside.
8. Accordingly, the impugned Refusal Check Slip in
RFL/Harur/79/2022 dated 28.03.2022 is hereby quashed and the respondent
is directed to entertain the document submitted for registration and register
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W.P.No.8592 of 2022
the sale deed dated 28.03.2022, if it is otherwise in order and if there is no
other legal impediment on the same.
9. With the above directions, this Writ Petition is allowed. No
costs. Consequently, connected miscellaneous petitions are closed.
07.04.2022
Index : Yes / No
Internet : Yes / No
Speaking order / Nonspeaking order
sp/jd
To
The Sub Registrar,
Harur,
Dharmapuri District.
https://www.mhc.tn.gov.in/judis
W.P.No.8592 of 2022
M.DHANDAPANI, J.
sp/jd
W.P.No.8592 of 2022
07.04.2022
https://www.mhc.tn.gov.in/judis
