Madras High Court
D.Thangarajan vs The District Registrar on 14 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.18221 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.18221 of 2019
and W.M.P.(MD)No.14656 of 2019
D.Thangarajan ... Petitioner
Vs.
1.The District Registrar,
Nagercoil at Kanyakumari District.
2.The Sub Resgistrar,
Idalakudi, Agastheeswara Taluk,
Kanyakumari District.
3.Sundari .... 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 2nd respondent in K.No.163/2019
dated 22.07.2019 and quash the same and consequently direct the 2 nd respondent
herein to register the sale deed dated 17.06.2019 in favour of the petitioner in
respect of the properties comprised in New Survey No.67/12 admeasuring 4.700
links and measuring 7.405 links respectively situated in Iraviputhur Village,
Kanyakumari District.
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W.P.(MD)No.18221 of 2019
For Petitioner : Mr.S.Srinivasa Raghavan
For Respondents : Mr.C.Satheesh,
Govt. Advocate for R1 & R2
No Appearance for R3
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 2nd respondent in K.No.163/2019 dated 22.07.2019 and quash the same and
consequently direct the 2nd respondent herein to register the sale deed dated
17.06.2019 in favour of the petitioner in respect of the properties comprised in
New Survey No.67/12 admeasuring 4.700 links and measuring 7.405 links
respectively situated in Iraviputhur Village, Kanyakumari District.
2. Heard the learned counsel for the petitioner and the learned
Government Advocate appearing for the respondents 1 and 2 and perused the
materials available on record.
3. It is the case of the writ petitioners that the petitioner has purchased
the subject property by way of two sale deeds dated 17.06.2019. When the
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petitioner presented the said sale deeds for registration, the 2nd respondent has
refused to register the same on the ground that the third respondent has given an
objection petition and also on the ground that the title of the property has not been
traced. 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 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 second respondent dated 22.07.2019 is quashed and the second
respondent is directed to register the settlement deeds dated 17.06.2019 presented
by the petitioner 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.
14.08.2024
NCC : Yes/No
Index : Yes/No
vsm
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To
1.The District Registrar,
Nagercoil at Kanyakumari District.
2.The Sub Resgistrar,
Idalakudi, Agastheeswara Taluk,
Kanyakumari District.
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N.SATHISH KUMAR, J.
vsm
14.08.2024
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