Madras High Court
Banumathi vs The Sub-Registrar on 9 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.12074 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.12074 of 2022
and W.M.P.(MD)No.8582 of 2022
1.Banumathi
2.R.Jesudhasan ... Petitioners
Vs.
1.The Sub-Registrar,
Registration Department,
Radhapuram, Tirunelveli.
2.Sharjan Realities Private Limited and
Shub Priority South Private Limited,
Rep. through its Authorised Person I.Indran .... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order of the 1st respondent in pending Document
No.47/2022 dated 21.03.2022 and quash the same and consequently direct the 1st
respondent to issue the certificate of registration of the settlement deed in favour
of 2nd petitioner and return the document within the time fixed by this Court.
1/6
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W.P.(MD)No.12074 of 2022
For Petitioners : Mr.H.Arumugam
For Respondents : Mr.P.Subbaraj,
Spl. Govt. Pleader for R1
Mr.C.Varkeesh Kumar for R2
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorarified Mandamus, calling for the records relating to the impugned order of
the 1st respondent in pending Document No.47/2022 dated 21.03.2022 and quash
the same and consequently, direct the 1st respondent to issue the certificate of
registration of the settlement deed in favour of 2nd petitioner and return the
document within the time fixed by this Court.
2. Heard the learned counsel for the petitioner, the learned Special
Government Pleader appearing for the first respondent and the learned counsel
appearing for the second respondent and perused the materials available on record.
3. It is the case of the writ petitioners that the subject property is an
ancestral property. The first petitioner has executed a settlement deed dated
11.03.2022 in favour of his son, viz., the second petitioner. When the same was
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presented for registration, the first respondent refused to register the same on the
ground that the second respondent has given an objection petition. Challenging
the same, the petitioner has filed this Writ Petition.
4. It is relevant to note that as far as registration is concerned, the title
cannot be decided by the Sub Registrar. Rights of parties will be governed based
on the their title and the earlier documents. In such view of the matter, merely on
the basis of some protest petition, the document cannot be refused to be registered.
This aspect has been elaborately dealt by this Court in Subramani Vs. 1.The Sub-
Registrar, Office of the SubRegistrar, Rasipuram. 2. The Inspector General of
Registration, Chennai [W.P.No.11056 of 2024, dated 26.04.2024] wherein it has
been held as follows :
“In a judgment of this Court in the case of Abdullasa v Inspector
General of Registration reported in 2021 2 CWC 451, this Court held that the
Registrar cannot refuse to register the document on the basis of objections raised
by a rival claimant, who has a different source of title. Similarly, the Hon'ble
Apex Court in the case of Satya Pal Anand v. State of M.P., reported in (2016) 10
SCC 767 has held that an enquiry into the title of the executant is beyond the
powers of the Sub Registrar. Therefore, in view of the law declared in this regard,
merely on the ground of protest petitions and objections raised by some third
party, the document cannot be refused to be registered.”
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In view of the above settled position of law, the document cannot be refused to be
registered on the basis of a protest petition. Hence, the impugned Order has to be
quashed.
5. Accordingly, this Writ Petition is allowed and the impugned Order
passed by the first respondent dated 21.03.2022 is quashed and the first
respondent is directed to register the settlement deed dated 21.03.2022 presented
by the petitioners within a period of fifteen days from the date of receipt of a copy
of this Order. No costs. Consequently, connected miscellaneous petition is closed.
09.08.2024
NCC : Yes/No
Index : Yes/No
vsm
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To
The Sub-Registrar,
Registration Department,
Radhapuram, Tirunelveli.
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N.SATHISH KUMAR, J.
vsm
09.08.2024
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