Madras High Court
C.Thulasi Dhas vs The District Registrar on 3 March, 2022
W.P.(MD)No.3884 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.3884 of 2022
C.Thulasi Dhas .. Petitioner
Vs
1.The District Registrar,
District Registrar Office,
Sivagangai District.
2.The Sub Registrar,
Kalayarkovil Sub Registrar Office,
Kalayarkovil,
Sivagangai District. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, calling for the records of the
impugned Refusal Check Slip in Refusal Number: 2/2022 in
RFL/Kalaiyarkovil/Book 2/1 dated 21.02.2022, passed by the 2nd
respondent herein and quash the same as illegal and further direct the 1st
respondent herein to enquire the matter by conducting a summary
enquiry as mandate in the light of the Judgment reported in 2017 (3)
1/7
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W.P.(MD)No.3884 of 2022
CTC 135 and 2020 (3) CTC 785 with respect to Survey No.131/7 to an
extent of 8 cents in Malakandam Village, Karaikudi Taluk, Sivagangai
District.
For Petitioner : Mr.V.Meenakshi Sundaram
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
ORDER
This writ petition has been filed challenging the refusal check slip
issued by the second respondent, dated 21.01.2022, refusing to register
the sale deed presented for registration by the petitioner, on the ground
that a partner of M/s.Mangalam Aqua Products, has made an objection.
2.Heard Mr.V.Meenakshi Sundaram, the learned counsel for the
petitioner and Mr.S.Shanmugavel, learned Additional Government
Pleader, who accepts notice on behalf of the respondents.
3.The petitioner has filed this writ petition on the ground of
violation of principles of natural justice. He submits that he is a resident
of Kerala and he was called for enquiry on 10.01.2022. But, since notice
of hearing was intimated to him only on 10.01.2022, i.e., the date of
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W.P.(MD)No.3884 of 2022
hearing, even though the notice was dated 31.12.2021, he was unable to
participate in the enquiry. According to him, his non participation is not
wilful or wanton. But, only, due to the reasons stated above.
4.The fact of the non appearance of the petitioner on the date of
enquiry is not disputed by the learned Additional Government Pleader. It
is only that a partner of M/s.Mangalam Aqua Products, the seller, has
objected to the registration of the sale deed, the sale deed was rightly
refused to be registered by the second respondent. He would also
contend that only in accordance with the Circular issued by the Inspector
General of Registration, which stipulates that in case of non appearance,
the second respondent has to reject the presentation of registration, the
second respondent has rightly refused to register the sale deed, which
was presented for registration under the impugned order.
5.However, since the petitioner categorically contends that the
Seller is empowered to execute the sale deed and in view of the fact that
the petitioner, who is the purchaser under the said sale deed, was unable
to attend the enquiry as he has received the notice, only on 10.01.2022
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W.P.(MD)No.3884 of 2022
i.e., the date of enquiry, even though the notice was, dated 31.12.2021,
this Court is of the considered view that he must be given an opportunity
to satisfy the second respondent about the validity of the sale deed and
the right of M/s.Mangalam Aqua Products, to register the sale deed in his
name. Since opportunity has not been granted by the second respondent
as seen from the impugned order, this Court is of the considered view
that principles of natural justice has been violated for the aforementioned
reasons. Therefore, the impugned refusal order, dated 21.01.2022,
refusing to register the sale deed presented by M/s.Mangalam Aqua
Products, for registration has to be quashed and the matter has to be
remanded back to the second respondent for fresh consideration on
merits and in accordance with law, after affording a fair hearing to the
petitioner and other necessary parties.
6.Accordingly, the impugned refusal order, dated 21.01.2022,
refusing to register the sale deed presented by M/s.Mangalam Aqua
Products, for registration is hereby quashed and the matter is remanded
back to the second respondent for fresh consideration on merits and in
accordance with law, after affording a fair hearing to the petitioner
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W.P.(MD)No.3884 of 2022
including opportunity of personal hearing and also hear any other
necessary parties and pass orders within a period of eight weeks from the
date of receipt of a copy of this order. In case, it is found that the
objection made by the third party, who claims to be a partner of
M/s.Mangalam Aqua Products is found to be false, register the sale deed,
if it is otherwise in order.
7.With the aforesaid directions, this writ petition is disposed of. No
costs.
03.03.2022
Index: Yes/No
Internet : Yes/No
TM
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,
District Registrar Office,
Sivagangai District.
2.The Sub Registrar,
Kalayarkovil Sub Registrar Office,
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3884 of 2022
Kalayarkovil,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3884 of 2022
ABDUL QUDDHOSE, J.
TM
W.P.(MD)No.3884 of 2022
03.03.2022
https://www.mhc.tn.gov.in/judis
