Madras High Court
K.Sundar vs The Inspector General Of ... on 30 March, 2022
W.P.No.14094 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.14094 of 2021
K.Sundar ... Petitioner
Vs.
1. The Inspector General of Registration,
Department of Registration,
No.100, Santhome High Road,
Foreshore Estate,
Chennai – 600 028.
2. The Sub Registrar,
Sub Registrar Office,
Anna Nagar,
Chennai – 600 040.
3. R.K.Arvind
(Impleaded vide order dt. 09.08.2021
made in WMP.15748/2021 in
W.P.No.14094/2021) ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records pertaining to
the refusal Check slip issued by the second respondent herein in Refusal
Number RFL/Anna Nagar/89/2021 dated 28.06.2021 refusing to register the
Settlement Deed dated 28.06.2021 and quash the same, consequently direct
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W.P.No.14094 of 2021
the second respondent to register the Settlement Dated 28.06.2021 presented
by the petitioner without insisting for the production of Original Sale Deed
dated 30.12.1986 registered as Document No.4419 of 1986 on the files of
S.R.O. Anna Nagar.
For petitioner : Mr.S.Sathish Rajan
For Respondents : Mr.T.Mathi for R3
Mr.Yogesh Kannadasan
Special Government Pleader for R1 and R2
ORDER
The petitioner has filed this petition to issue a Writ of Certiorarified
Mandamus to call for the records pertaining to the refusal Check slip
No.RFL/Anna Nagar/89/2021 issued by the second respondent dated
28.06.2021, refusing to register the Settlement Deed dated 28.06.2021, and
quash the same, and consequently direct the second respondent to register
the same presented by the petitioner, without insisting on the production of
Original Sale Deed, vide Document No.4419 of 1986 dated 30.12.1986 on
the file of the S.R.O., Anna Nagar.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader
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W.P.No.14094 of 2021
takes notice for the respondents 1 and 2. In view of the limited relief sought
for in this petition and on the consent expressed by the learned counsel
appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner and his brother are
the joint owners of the property comprised in S.No.50, T.S.No.20, Block
No.3, Periya Kudal Village, Egmore-Nungambakkam Taluk, Chennai .
When the petitioner's brother refused to hand over the original parent
document, he filed a Suit against his brother for partition and the same is
pending before this Court in C.S.No.87 of 2021. Thereafter, the petitioner
executed a Settlement Deed dated 28.06.2021 for registration in favour of
his wife one S.Chitra, and the same was presented before the second
respondent along with the certified copies of parent document. However, the
said documents were refused to be registered along with a refusal check slip
in Refusal No.RFL/Anna Nagar/89/2021 dated 28.06.2021 by the second
respondent on the ground that Original Sale Deed was not annexed along
with the document which is presented for registration. Challenging the same,
the present Writ Petition has been filed by the petitioner for the above relief.
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W.P.No.14094 of 2021
4. Though very many grounds have been raised, learned counsel for
the petitioner submits that though the petitioner annexed the certified copy
of the parent document, even then, the second respondent refused to register
the document, which is not sustainable. The issue involved in the present
case is no more res-integra. He further relied upon the order of this Court in
W.P.(MD)No.19745 of 2020, Sivanadiyan Vs. The Sub Registrar,
Pudukottai dated 11.02.2021. The relevant portion of the above said order is
extracted hereunder:-
"8.This Court is entirely in agreement with the submissions
made on behalf of the petitioner in this regard. The latest
decision of the learned Single Judge appears to have not
considered the implication of the Circular with reference to the
scheme of the relevant Act. On the other hand, the above three
decisions cited on behalf of the petitioner would certainly hold
the field and in which event, insistence on production of original
Title Deeds by the Registering Authority is without any authority
of law. The Circular issued by the Inspector General of
Registration, Chennai in this regard cannot have any sanctity,
unless the power of issuance of such Circular is authorized
under the provisions of the Act. This Court has consistently held
that no such power can be read into Act, in the absence of any
specific provisions and in that view of the matter, as rightly
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W.P.No.14094 of 2021
contended by the learned Counsel for the petitioner, the subject
issue is no more res-integra. As far as the latest decision of the
learned Single Judge is concerned, being a kind of a contra
view, this Court is of the opinion that the order passed by the
learned Single Judge of this Court in W.P.(MD)No.16768 of
2020, dated 26.11.2020 has not appreciated the provisions of
the Act, as the reasons of the learned Single Judge are contrary
to the well considered earlier Judgments of this Court. The
learned Judge has reasoned without any specific reference to the
scheme of the Act, which governs the registration."
5. The learned Special Government Pleader appearing for the
respondents 1 and 2 submits that the document presented by the petitioner
was rejected by the 2nd respondent on the ground that Original parent
document was not annexed along with the document sought to be registered.
6. Mr.T.Mathi learned counsel appearing for the third respondent
submits that the third respondent is the owner of the property in question.
He further submits that earlier, the petitioner filed a Suit in C.S.No.87 of
2021 against him for partition and the same is pending before this Court.
Even then, alienating the above said property is not sustainable. Hence this
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W.P.No.14094 of 2021
Court may permit the private respondent to appear before the second
respondent and the second respondent may pass appropriate orders in terms
of Registration Act, 1908, after affording an opportunity of hearing to the
private respondent, on merits and in accordance with law
7. Considering the facts and circumstances of the case, it is seen that
the petitioner claims that he is the owner of the above said property and the
3rd respondent claim that the petitioner is not the owner of the said property
and the partition Suit in C.S.No.87 of 2021 is pending before this Court.
However, mere pendency of the Suit is not a bar for entertaining the
registration of the documents. Hence, the reason stated by the third
respondent is not sustainable, in view of the decision of this Court in
W.P.(MD)No.19745 of 2020, order dated 11.02.2021 (supra), which makes
it clear that, there is no need to present the Original parent document, and a
certified copy of the parent document is sufficient to entertain the document
for registration.
8. Accordingly, this writ petition is disposed of and the petitioner is
directed to present the copy of the parent document and to pay requisite
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W.P.No.14094 of 2021
Stamp Duty and Registration Charges and if copy of such document is
produced before the second respondent, he is directed to entertain the
document so presented by the petitioner and pass appropriate orders, after
affording an opportunity of hearing to the parties concerned including the 3 rd
respondent herein, within a period of twelve weeks from the date of receipt
presentation of such document for registration. No costs.
30.03.2022
Index : Yes / No
Speaking Order/Non-Speaking Order : Yes / No
rap/jd
Note to Registry: Issue order copy today i.e.,11.04.2022
To
1. The Inspector General of Registration,
Department of Registration,
No.100, Santhome High Road,
Foreshore Estate,
Chennai – 600 028.
2. The Sub Registrar,
Sub Registrar Office,
Anna Nagar,
Chennai – 600 040.
M.DHANDAPANI,J.
rap
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W.P.No.14094 of 2021
W.P.No.14094 of 2021
30.03.2022
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