Brindha Devi vs The District Registrar
2022 Latest Caselaw 15388 Mad

                                                                                   WP.No.29534 of 2016


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:    15.09.2022

                                                        CORAM:

                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                   WP.No.29534 of 2016

                    Brindha Devi                                             ... Petitioner

                                                            Vs

                    1. The District Registrar,
                       Tiruppur District, Tiruppur.

                    2. The Sub Registrar,
                       Dharapuram, Tiruppur District.                        ... Respondents

                    Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of
                    India, to issue a Writ of Certiorarified Mandamus to call for the records
                    pertaining to the proceedings of the second respondent in Check Slip No.1
                    of 2016 dated 19.02.2016 and quash the same as illegal and not in
                    consonance with law and consequential direction directing the 2nd
                    respondent to register the settlement deed dated 27.10.2016.


                                  For Petitioner      : Mr.M.Guruprasad

                                  For Respondents     : Mr.PRAjarajeswari, G.A. – R1 & R2




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https://www.mhc.tn.gov.in/judis
                                                                                      WP.No.29534 of 2016


                                                      ORDER

This Writ Petition has been filed to call for the records pertaining to the

proceedings of the second respondent in Check Slip No.1 of 2016 dated

19.02.2016 and quash the same as illegal and not in consonance with law

and consequential direct the 2nd respondent to register the settlement deed

dated 27.10.2016.

2. It is the contention of the petitioner that when the settlement deed

was presented for registration, it was returned by the registering authority

mainly on the ground that there was previous encumbrance registered in the

year 2010. It is the case of the petitioner that the petitioner has purchased

the property in the year 2002 and she has been enjoying the property. When

she presented the settlement deed in the year 2016, the Registrar has refused

to register the document. Hence, seeks a direction to Register the

Settlement Deed.

3. It is relevant to note that the Division Bench of this Court in the

judgment in N.Ramayee Vs. The Sub Registrar and another in

W.P.No.674 of 2020 dated 05.11.2020, has clearly held that the registering

https://www.mhc.tn.gov.in/judis WP.No.29534 of 2016

authority cannot refuse to register a document merely on the basis that some

other encumbrance has already been created.

4. In such view of the matter, this Court is of the view that the

Registrar has no right to refuse to register the document, except the

documents relating to immovable properties mentioned in Section 22-A of

the Tamil Nadu Act, the registering authority is bound to register the

document.

4. Accordingly, the second respondent is directed to register the

document, though 6 years have lapsed after presentation of the document, in

view of S.47 of the Registration Act, the date of execution of the document

is a prime factor for considering the validity of the document.

5. With the above directions, this Writ Petition stands disposed of. No

costs.

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To,

1. The District Registrar, Tiruppur District, Tiruppur.

2. The Sub Registrar, Dharapuram, Tiruppur District.

https://www.mhc.tn.gov.in/judis WP.No.29534 of 2016

N.SATHISH KUMAR, J.

vrc

WP.No.29534 of 2016

15.09.2022

https://www.mhc.tn.gov.in/judis