Madras High Court
S.Viswanathan vs The District Registrar on 19 June, 2023
W.P(MD)No.12832 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.12832 of 2023
S.Viswanathan ... Petitioner
Vs.
1.The District Registrar,
Thoothukudi District,
Thoothukudi.
2.The Joint-II-Sub-Registrar,
O/o.the Joint-II, Sub-Registrar,
Thoothukudi. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned proceedings of the 2nd respondent in Refusal
Check Slip dated 12.04.2023 and quash the same and further directing the 2nd
respondent to entertain the release deed dated 02.02.2023 for registration and
consequently to register and release the same.
For Petitioner : Mr.M.P.Senthil
For R1 & R2 : Mr.C.Satheesh
Government Advocate
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1/4
W.P(MD)No.12832 of 2023
ORDER
The writ petition has been filed in the nature of certiorarifed mandamus
seeking interference with the proceeding of the second respondent, the Joint-II-
Sub-Registrar, Thoothukudi, in Refusal Check Slip dated 12.04.2023 and direct
the said respondent to register the release deed, dated 02.02.2023 presented for
registration.
2.The reason given for refusing to register the release deed was that,
there was a suit for partition which is pending among the family members and
that the properties had been mortgaged with the bank. Insofar as the suit for
partition is concerned, it is within the family members. The factum of release
deed by within the family, can always be informed to the Court and would be
necessarily informed to the Court, since it is a readjustment of the shares which
would be allotted to the co-sharers.
3.The second reason for refusing to register the document is that the
property had been mortgaged with the bank. The learned counsel appearing for
the petitioner placed reliance on the dictum laid down by the Division Bench of
this Court in N.Ramayee-vs-Sub-Registrar, Registration Department and
another, reported in (2020)6 CTC 697. It has been very clearly stated that mere
mortgage of the property is not transfer of title and therefore, a person
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W.P(MD)No.12832 of 2023
executing a document still retains title over the property with a right to deal
with the same. In view of that particular reason given in the aforementioned
judgment, I would also this reason for refusing the release deed presented for
registration.
4.A direction is given to the petitioner herein to present the release deed
after following due procedure before the second respondent and on receipt of
the same, after satisfying that necessary stamp duty had been paid and
registration charges required had been paid, the second respondent is directed
to proceed to register the same, within a period of two weeks from the date of
such presentation.
5.With the above direction, this Writ Petition is allowed. No costs.
19.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Ns/pnn
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12832 of 2023
C.V.KARTHIKEYAN, J.
pnn/Ns
To
1.The District Registrar,
Thoothukudi District,
Thoothukudi.
2.The Joint-II-Sub-Registrar,
O/o.the Joint-II, Sub-Registrar,
Thoothukudi.
W.P(MD)No.12832 of 2023
19.06.2023
https://www.mhc.tn.gov.in/judis
