Madras High Court
Naveen Kumar vs The Sub Registrar on 2 August, 2024
Author: N. Sathish Kumar
Bench: N.Sathish Kumar
W.P.No.22216 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
WP.No.22216 of 2024
1.Naveen Kumar
2.Shashilkumar .. Petitioners
Versus
The Sub Registrar,
Office of the Sub Registrar,
Kelamangalam, Denkanikotta Taluk,
Krishnagiri District. .. Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarifed Mandamus to call for the records
relating to impugned proceeding vide 'Refusal Check Slip' having reference
No.RFL/kelamangalam/06/2024 dated 25.07.2024 on the file of the
respondent, quash the same and consequently, direct the Respondent to
register the Sale Deed dated 25.07.2024 presented by the Writ petitioners
for registration and release the document to the writ petitioners within the
time period stipulated by this court.
For Petitioner : Mr.R.Divyapreathika
For Respondent : Mr.P.Anandhakumar,
Government Advocate
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W.P.No.22216 of 2024
Challenge has been made to the refusal check slip issued by the
respondent refusing to register the Sale Deed dated 25.07.2024 presented
by the Writ petitioners for registration and release the document to the writ
petitioners.
2. Heard both sides and perused the materials placed on record.
3. By consent of both parties, the main writ petition itself is taken
up for final disposal at the admission stage.
4. It is the case of the writ petitioner that the property situated in
Survey No.33/2B in Komaranapalli Village and Panchayat, Denkanikottai
Taluk, Krishnagiri District, to an extent of 1.96 ½ acres belonged to one late
Papaiah, S/o Chennappa, vide patta No.294 and after his demise, the subject
property was inherited by his legal heirs Ullurappa and Pillappa along with
their legal heirs and thereby, the petitioners' vendors are the absolute owners
of the subject property and they were in possession and enjoyment of the
same. The abovesaid legal heirs Ullurappa and Pillappa along with their
legal heirs have executed a sale deed dated 25.07.2024 in respect of the
subject property in favour of the petitioners for a total sale consideration of
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W.P.No.22216 of 2024
Rs.9,84,000/- and when the petitioners had presented the said sale deed
before the respondent for registration, the respondent has refused to register
the same by citing the order dated 26.07.2023 made in W.P.Nos.32946 and
32906 of 2022, wherein this Court had upheld that when the
right/ownership of one property being claimed by more than one person,
then the same has to be decided only by the competent civil Court.
Challenging the same, the present writ petition has been filed.
5. Since the impugned Refusal Check Slip issued itself is not
proper, no counter is required in this matter.
6.At the outset, when the sale deed has been presented by the
petitioners before the respondent for registration, it is not for the registering
authority to go into the title. What is required is only summary enquiry with
regard to the person executing the document and not with regard to the title.
This Court in Subramani Vs. 1.The Sub- Registrar, Office of the Sub-
Registrar, Rasipuram. 2. The Inspector General of Registration,
Chennai, by an order dated 26.04.2024 in W.P.No.11056 of 2024,
following the judgment of the Supreme Court in the case of Satya Pal
Anand v. State of M.P., reported in (2016) 10 SCC 767, has held as
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W.P.No.22216 of 2024
follows:
“Section 35 of the Act does not confer a quasi-judicial power
on the Registering Authority. The Registering Officer is
expected to reassure that the document to be registered is
accompanied by supporting documents. He is not expected to
evaluate the title or irregularity in the document as such. The
examination to be done by him is incidental, to ascertain that
there is no violation of provisions of the 1908 Act. In Park
View Enterprises[Park View Enterprises v.State of T.N., AIR
1990 Mad 251 : 1989 SCC OnLine Mad 273] it has been
observed that the function of the Registering Officer is purely
administrative and not quasi-judicial. He cannot decide as to
whether a document presented for registration is executed by
person having title, as mentioned in the instrument. We agree
with that exposition.”
7. Further, this Court in G.Rajasulochana Vs. The Inspector
General of Registration, No.100, Santhome High Road, Chennai–600028
and two others( W.P.No.29706 of 2024 dated 16.04.2024) following the
judgment of a Division Bench of this Court, in W.A.Nos.260 & 261 of 2023
vide order dated in 07.06.2023 in the case of P. Jagannathan v Inspector
General of Registration, has held that the power to cancel a document for
violation of Section 22-A can be resorted to only if the title of the temple is
admitted. In other words, where the title of the temple is disputed parties
must necessarily be relegated to the civil court, and the Sub-Registrar cannot
refuse to register the document on that ground since the rights of parties will
have to be decided only by the civil court.
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8. Mere registration of a document will not convey any title to the
vendee and the same is subject to the rights already created in favour of the
vendor. It is for the parties to establish their right based on the document
executed in their favour.
9. In such view of the matter, when the party takes a risk and
seeks registration of any property, it is for them to establish the title in the
event any dispute arises subsequently. Accordingly, the impugned refusal
check slip issued by the respondent refusing to register the Sale Deed dated
25.07.2024 presented by the Writ petitioners is quashed and the
respondent is directed to register the said Sale Deed dated 25.07.2024
within a period of two weeks from the date of receipt of a copy of this order.
10. Accordingly, the writ petition stands allowed. No costs.
02.08.2024
raa
Note: issue order copy on 23.08.2024
Index :Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
To
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W.P.No.22216 of 2024
The Sub Registrar,
Office of the Sub Registrar, Kelamangalam,
Denkanikotta Taluk, Krishnagiri District.
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W.P.No.22216 of 2024
N. SATHISH KUMAR, J.
raa
02.08.2024
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