A.K.Thinakaran vs The Sub Registrar
2023 Latest Caselaw 5989 Mad

                                                                          W.P(MD)No.7917 of 2023




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 12.06.2023

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                           W.P(MD)No.7917 of 2023


                     A.K.Thinakaran                                         ... Petitioner


                                                       Vs.

                     1.The Sub Registrar
                       Cholavanthan Sub Registrar Office,
                       Madurai District.

                     2.V.Abbas

                     3.T.K.Vanaja                                           ... Respondents


                     PRAYER : Writ Petition is filed under Article 226 of the Constitution of

                     India praying to issue a Writ of Certiorarified Mandamus calling for the

                     records relating to the impugned check slip, dated 28.10.2022 issued by

                     the 1st respondent and quash the same as unconstitutional and

                     consequently direct the 1st respondent to register the gift deed of the


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                                                                           W.P(MD)No.7917 of 2023


                     petitioner dated 20.10.2022 which has presented through online vide

                     temporary No. TP/135888122/2022 dated 28.10.2022.



                                   For Petitioner   : Mr.S.Sukumar


                                   For Respondents : Mr.M.Prakash - for R1

                                                     Additional Government Pleader

                                                    Mr.Sulaiha Farveen - for R2


                                                    ORDER

The Writ Petition has been filed in the nature of a

Certiorarified Mandamus seeking interference with a check slip issued

by the first respondent / Sub Registrar, Cholavanthan Sub Registrar

Office, Madurai District, dated 28.10.2022 and to consequently direct the

said first respondent to register a gift settlement deed executed by the

first respondent in favour of the third respondent dated 20.10.2022

which was presented online by temporary No.TP/135888122/2022 dated

28.10.2022.

https://www.mhc.tn.gov.in/judis W.P(MD)No.7917 of 2023

2. The only reason why the said gift/settlement deed was

refused to be registered by the first respondent was that there was an

earlier agreement of sale which the petitioner had entered into with the

second respondent.

3. Let me only fall back to the provisions of the Transfer of

Property Act, 1882 and more particularly, Section 54 of the said Act,

which defines a contract of sale and very clearly states that an agreement

holder does not have any charge or interest over the property.

4. Examining this particular issue, a Division Bench had

been specially formed in which I was a party. The judgment of the

Division Bench had been reported in 2020 (6) CTC 697 in N.Ramayee

Vs. The Sub Registrar, Salem District and Another wherein, it had been

very specifically held that mere entry relating to the registration of an

agreement of sale cannot be a ground to refuse the registration of a sale

deed, provided the sale deed is otherwise in order with respect to stamp

duty and registration charges.

https://www.mhc.tn.gov.in/judis W.P(MD)No.7917 of 2023

5. The petitioner may therefore, once again present the said

gift/settlement deed in manner known to law through online and also

enclose a copy of the aforementioned judgment and the first respondent

is directed to register the gift/ settlement deed within a period of two

weeks from the date of which presentation, provided if it is otherwise in

order.

6. With the above directions, this Writ Petition stands

disposed of. No costs.

                                                                             12.06.2023
                     Index        :Yes/No
                     Internet     :Yes/No
                     NCC          : Yes / No

                     RM

https://www.mhc.tn.gov.in/judis W.P(MD)No.7917 of 2023

To

1.The Sub Registrar Cholavanthan Sub Registrar Office, Madurai District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.7917 of 2023

C.V.KARTHIKEYAN, J.

RM

W.P(MD)No.7917 of 2023

12.06.2023

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