Ramasamy vs The Sub Registrar
2023 Latest Caselaw 6795 Mad

                                                                                W.P.No.6644 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 22.06.2023

                                                          CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                  W.P.No.6644 of 2023

                     Ramasamy                                            ... Petitioner

                                                            Vs
                     The Sub Registrar,
                     Pappireddipatti,
                     Dharmapuri District.                                ... Respondent

                     Prayer: Petition filed under Article 226 of the Constitution of India to
                     issue a Writ of Certiorarified Mandamus, calling for the records
                     pertaining      to   the   Refusal   Check   Slip   in   Refusal     Number

                     RFL/ghg;gpbul;og;gl;o//4/2023 dated 08.02.2023 and to quash the same as
                     illegal and unsustainable and further direct the respondent to admit and
                     register the partition deed dated 08.02.2023 executed among the
                     petitioner and legal heirs of Pannerselvam with respect to properties in
                     Sembiyanoor Village, in S.No: 13/2, measuring an extent of Acre 1.57
                     cents, in S.No:22/1, measuring an extent of 10.5 cents, in S.No:22/2,
                     measuring an extent of Acre 1.98 cents, in S.No:22/3, measuring an
                     extent of Acre 2.45 cents, in S.No:13/2, measuring an extent of Acre 1.57
                     cents, in S.No:22/1, measuring an extent of 4.5 cents, in S.No:22/2,
                     measuring an extent of Acre 2.53 cents, in S.No:22/3, measuring an

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                                                                                  W.P.No.6644 of 2023


                     extent of Acre 2.1 cents, in S.No:13/1, measuring an extent of 32.25
                     cents, in S.No:22/1, measuring an extent of 5 cents and in Bommidi
                     Village, in S.No:111/1, measuring an extent of 4046.86 sq.mtr.

                                       For Petitioner    : Mr.T.M.Pappiah Duraikkan

                                       For Respondent    : Mr.D.Ravichander
                                                           Special Government Pleader

                                                          ORDER

The Refusal Check Slip issued by the respondent in proceeding

dated 08.02.2023, is to be quashed in the present writ petition.

2. The petitioner states that he presented a Partition Deed for

registration. The Partition Deed is sought to be registered based on the

Judgment and Decree passed in an Appeal Suit in A.S.Nos.109 & 957 of

2005 dated 23.12.2005.

3. The Registering Authority returned the documents on the

ground that the petitioner is not a owner of the subject property and there

is a dispute between the petitioner and other persons.

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W.P.No.6644 of 2023

4. The Registering Authority is not empowered to adjudicate the

title or ownership in respect of the properties. The very purpose and

object of verification of the original documents are to ensure whether the

documents presented by a person is tallying with the original or not.

5. In the event of any title dispute or otherwise, the parties are to

be relegated to the Civil Court for adjudication. Contrarily the

Registering Authority has to verify the powers of the Civil Court and

make a finding with reference to the civil rights of the parties. Such an

adjudication or finding is beyond the scope of the provision of the

Registration Act, 1908.

6. More so, under Rule 55 of the Registration Rules, the

Registering Authorities are not empowered to adjudicate the title to

verify the validity of the document. That being the scope of the powers

conferred under the Registration Act and Rules, the present impugned

order passed by the Registration Authority adjudicating the civil rights of

the parties is untenable.

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W.P.No.6644 of 2023

7. The Registering Authority shall ask the petitioner to produce the

original documents. He can verify the original documents with reference

to the schedules or the parts for the purpose of completing the

registration and any findings regarding the civil rights of the parties will

be untenable.

8. Accordingly, the order impugned passed by the respondent in

proceeding dated 08.02.2023 bearing Refusal Number

RFL/ghg;gpbul;og;gl;o//4/2023 is quashed. The respondent is directed to

proceed with the registration, if the document presented by the writ

petitioner is otherwise in accordance with the provisions of the

Registration Act, 1908. The registration is to be done by following the

procedures as contemplated.

9. With the above observations and directions the writ petition

stands allowed. No cost.

22.06.2023 Index : Yes/ No Neutral Citation : Yes/No Speaking/Non-speaking Order rgm

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W.P.No.6644 of 2023

To

The Sub Registrar, Pappireddipatti, Dharmapuri District.

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

W.P.No.6644 of 2023

S.M.SUBRAMANIAM, J.

rgm

W.P.No.6644 of 2023

22.06.2023

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