Madras High Court
The Sub Registrar vs T.S.Nellainayagam ... 1St on 29 September, 2023
W.A(MD)No.1609 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A(MD)No.1609 of 2023
and
C.M.P(MD)No.12522 of 2023
The Sub Registrar,
Sub Registrar Office,
Parkit Managaram,
Palayamkottai,
Tirunelveli District. ... Appellant/2nd Respondent
Vs.
1.T.S.Nellainayagam ... 1st Respondent/Writ Petitioner
2.The District Registrar,
Tirunelveli District,
Tirunelveli.
3.K.Mandramoorthi ... Respondents 2 & 3/Respondents 1 & 3
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 06.06.2023 in W.P(MD)No.8643 of 2020.
For Appellant : Mr.J.K.Jeyaselan
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1609 of 2023
JUDGMENT
(Judgment of the Court was delivered by D.BHARATHA CHAKRAVARTHY, J.)
This writ appeal is directed against the order of the learned Single
Judge, dated 06.06.2023 made in W.P(MD)No.8643 of 2020.
1.1 By the said order, the learned Single Judge allowed the writ
petition filed by the first respondent herein, whereby, the first respondent
had challenged the order of the appellant dated 10.01.2023 refusing to
register the settlement deed and to consequently register the settlement
deed executed by the first respondent in P/No.11 of 2019, dated
26.11.2019.
2. The brief facts are that the first respondent claims to be the
owner of the land comprised in S.F.No.149/1 etc., in Palayam Chetikulam
Village, Palayamkottai Taluk, Tirunelveli District. Therefore, in respect of his
share in the said lands, the first respondent executed a settlement in favour
of his son. However an objection by the third respondent stating that a civil
suit in O.S.No.139 of 2018 is pending. By the order impugned in the writ
petition, the appellant refused to register the said document holding that
when partition has not been effected among the two brothers, the settlement
deed cannot be executed in respect of the undivided extent.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1609 of 2023
2.1 The learned Single Judge considered the case of the parties
and held that the writ petitioner is only settling his undivided share in
favour of his son and there is absolutely no ground for the appellant to
refuse registration of the same and allowed the writ petition. Eventhough the
contesting party has not filed any appeal, strangely the present appeal is
filed by the Sub Registrar. The grounds raised in the writ appeal are that no
settlement deed can be executed in respect of undivided property. Further,
the Hon'ble Supreme Court of India in Thamma Venkata Subbamma
(dead) by LR Vs. Thamma Rattamma and Others reported in (1987) 3
SCC 294 had held that a coparcener has no power to gift his share.
2.2 Thus it can be seen that firstly when the aggrieved person who
objected to the execution of the settlement deed has not chosen to prefer any
appeal and the Sub Registrar has unnecessarily taken upon himself to file
this appeal. There is no law which prohibits settlement of undivided share
and therefore, the grounds raised in respect thereof are absolutely
untenable. The judgment of the Hon'ble Supreme Court is rendered in the
context that the father being the Kartha and coparcener cannot execute a
gift deed without the consent of other coparceners. The same has absolutely
no application whatsoever to the instant case.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1609 of 2023
3. We hold that the appeal is not only without any merits but is
vexatious and unnecessary. In view thereof, we are inclined to dismiss the
writ appeal with costs. The said cost is payable only by the individual officer
who took upon himself the decision to file the present appeal.
4. In the result,
(i) W.A.(MD)No.1609 of 2023 shall stand dismissed;
(ii) The concerned Officer, who is the Sub Registrar, Parkit
Managaram, Palayamkottai, Tirunelveli shall from his funds pay a sum of
Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Current
Account No. 7567821433, (IFSC Code: IDIBI000H040), in the Indian Bank,
High Court Branch, Madurai Bench of Madras High Court, Madurai,
towards Kalaignar Centenary Library, within a period of three weeks from
the date of receipt of a copy of this order;
(iii) No costs.
(iv) Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
29.09.2023
Index : Yes/No
Internet : Yes/No
NCC : Yes/No
sji
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1609 of 2023
To
1.The Appellate Authority/Additional
Commissioner of Labour,
Under Payment of Gratuity Act 1972,
Madurai.
2.The Controlling Authority/Deputy Commissioner of
Labour,
Under Payment of Gratunity Act 1972,
Office of the Joint Commissioner of Labour,
Madurai-2.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1609 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.A(MD)No.1609 of 2023
29.09.2023
https://www.mhc.tn.gov.in/judis
