Selvaraj vs Ariyamuthu ... 1St
2023 Latest Caselaw 5418 Mad

                                                                          W.A(MD)No.710 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 05.06.2023

                                                 CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         W.A(MD)No.710 of 2023
                                                  and
                                        C.M.P(MD)No.6189 of 2023

              Selvaraj                                      ... Appellant/4th respondent

                                                     -vs-

              1.Ariyamuthu                                  ... 1st respondent/Petitioner

              2.The District Registrar,
                Palayamkottai, Kokkirakulam,
                Tirunelveli District.

              3.The Sub-Registrar,
                Melapalayam, Tirunelveli District.

              4.The Tahsildar,
                Palayamkottai Taluk,
                Tirunelveli District.

              5.S.Kumaran
              6.S.Mohamed Aatham                            ... Respondent 2 to 6

              PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

              dated 17.08.2022 passed in W.P(MD)No.19470 of 2021.

                           For Appellant     : Mr.G.Prabhu Rajadurai for
                                               Mr.K.Chengis Khan
                           For R-1           : Mr.Vijay Shankar

                           For R-2 to R-4    : Mr.M.Prakash,
                                               Additional Government Pleader


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                                                                       W.A(MD)No.710 of 2023




                                             JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 17.08.2022

made in W.P(MD)No.19470 of 2021, the appellant has filed this writ

appeal.

2. The Writ Court had allowed the writ petition basically on the

ground that the Registrar cannot go into the question of title while

performing the official function of registering the document which is

essentially a ministerial function. There are certain revenue records which

reflect that the petitioner in the writ petition Ariyamuthu has some interest

in the property in question. We do not think that we can go into the

validity or otherwise of the revenue proceedings. The law declared by this

Court is to the effect that the Registrars cannot refuse registration of

documents which are not covered either by Section 22-A or 22-B of the

Registration Act. The Writ Court has found that the document in question

namely the release deed does not fall within the provisions of Section 22-A

or 22-B of the Act. In such circumstances, the Registering Authority has

no right to refuse registration on the ground that there is a cloud over the

title of the executant. If they are allowed to do so, then they will be

usurping the functions of the civil Court and question of title has to be

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

W.A(MD)No.710 of 2023

gone into only based on evidence and not by the Registrars who are not

judicially trained. It is common knowledge that registration of document

by itself does not invest title on a person in whose favour document is

registered. Hence, we are unable to find fault the Writ Court for having

allowed the writ petition. Therefore, the writ appeal fails and it is

accordingly dismissed. No Costs. Consequently, connected miscellaneous

petition is closed.

                                                 [R.S.M., J.]       [L.V.G., J.]
                                                           05.06.2023
              NCC         :Yes/No
              Index      :Yes/No
              PM




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

W.A(MD)No.710 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.710 of 2023

05.06.2023

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