Madras High Court
R.Manikandan vs The District Registrar on 10 March, 2023
W.P(MD)No.1370 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD).No.1370 of 2022
and WMP(MD)No.1214 of 2022
R.Manikandan
... Petitioner
Vs
1. The District Registrar,
Trichy.
2. The Sub Registrar,
Kattuputhur Sub Registrar Office,
Tiruchirappalli District.
3. The Branch Manager,
Union Bank of India, Elurpatti Branch,
Tiruchirappalli District.
4. The Secretary,
Y.M.72, Musiri Kooturavu Thodakka
Velanmai Matrum Ooraga Valarchi Vangi Ltd.,
(Primary Co-Op. Agriculture and
Rural Development Bank Ltd.,), Musiri.
... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1370 of 2022
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 on the file of the 2nd respondent pertaining to its impugned order
bearing Niluvai Aavana No.P10/2021, dated 30.09.2021 and to quash the
same and consequently direct the 2nd respondent to register the settlement
deed, dated 13.08.2021 executed in favour of his wife Pushbarani, within a
stipulated period that may be fixed by this Court.
For Petitioner : Mr.Sudhagar Nagaraj
For R1, R2 : Mr.M.Prakash
Additional Government Pleader
For R3 : Mr.R.Pandivel
For R4 : No Appearance
ORDER
The Writ Petition has been filed in the nature of Certiorarified
Mandamus questioning the refusal to register the settlement deed, dated
13.08.2022, presented by the petitioner and his wife Pushbarani. The refusal
check slip was dated 03.09.2021.
2.The petitioner had stated that he had executed a settlement deed
with respect to his properties, in favour of his wife Pushbarani. He had
acquired these properties by way of registered Will. He had also obtained a
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1370 of 2022
loan from the third and fourth respondents and mortgaged the properties in
S.Nos. 683/1A, 683/186 at Elurpatti village, Thotiyam Taluk. The second
respondent/The Sub Registrar, Kattuputhur Sub Registrar Office,
Tiruchirappalli District. had issued a refusal check slip, wherein, he had stated
the properties are subjected to mortgage and the original documents are with
the fourth respondent. It was also stated that a civil suit is also pending.
3.The learned counsel for the petitioner however states that the
mortgage had been discharged and the documents were returned by the third
respondent. It is also stated that the property was also mortgaged by the
petitioner with the fourth respondent.
4.Even if there is a specific mortgage, that cannot be a bar to
register the settlement deed, in view of Division Bench Judgment of this
Court in N.Ramayi Vs The Sub-Registrar, in W.P.No.674 of 2020, dated
05.11.2020.
5.The other reason given by the second respondent is about the
pendency of the suit. The learned counsel for the petitioner states that no
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W.P(MD)No.1370 of 2022
orders has been passed by the Court attaching the property.
6.The order impugned is set aside.
7.The petitioner is directed to present the document again for
registration and also explain that the mortgage cannot a bar for refusal of
execution of settlement deed and that there is no order pending as against the
property in the suit. Subject to the satisfaction of the second respondent/the
Sub Registrar, Kattuputhur Sub Registrar Office, Tiruchirappalli District, the
settlement deed may be registered, if it is otherwise in order.
8.With the above directions, this writ petition stands disposed of.
No costs. Consequently connected miscellaneous petition is closed
10.03.2023
NCS : Yes/No
Index : Yes / No
Internet: Yes/ No
PNM
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1370 of 2022
To
1. The District Registrar,
Trichy.
2. The Sub Registrar,
Kattuputhur Sub Registrar Office,
Tiruchirappalli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1370 of 2022
C.V.KARTHIKEYAN, J.
PNM
ORDER IN
W.P(MD).No.1370 of 2022
and WMP(MD)No.1214 of 2022
10.03.2023
https://www.mhc.tn.gov.in/judis
