Madras High Court
G.Ravindran vs / on 4 November, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.26401 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.26401 of 2024
G.Ravindran ... Petitioner
/Vs./
The Sub Registrar,
Mannachanallur Sub Registrar Office,
Mannachanallur
Trichy District. ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the respondent to register the sale
deed dated 20.09.2024 executed by G.Pilavendiran, G.James Selvaraj,
S.Mesiya, P.Samikannu, P.Velankanni, P.Louis, P.Panneerselvam,
V.Antonyammal, V.Nickson Sagayaraj, Helan Rosemary, Sophia
Daisyrani, Francis, Irudhayam, Susai Manickam and Albert in favour of
the petitioner in respect of the properties situated in S.Nos. 219/15,
219/16, 219/18, 219/19, 219/20 and 219/21A totally having an extent of
3.08.50 Hectares (7.62 Acres), Irungalur Villae, Mannachanallur Taluk,
Trichy District.
1/8
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W.P.(MD)No.26401 of 2024
For Petitioner : Mr.P.Krishnan
For Respondent : Mr.S.P.Maharajan
Special Government Pleader
ORDER
This writ petition has been filed directing the respondent to
register the sale deed dated 20.09.2024 executed by third parties in
favour of the petitioner in respect of the properties situated in S.Nos.
219/15, 219/16, 219/18, 219/19, 219/20 and 219/21A totally having an
extent of 3.08.50 Hectares (7.62 Acres), Irungalur Villae,
Mannachanallur Taluk, Trichy District.
2. By consent of both parties, this writ petition is taken up for final
disposal at the stage of admission itself.
3. Heard the learned counsel on either side and perused the
materials placed before this Court.
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4. According to the petitioner, the properties situated in S.Nos.
219/15, 219/16, 219/18, 219/19, 219/20 and 219/21A totally having an
extent of 3.08.50 Hectares (7.62 Acres) at Irungalur Villae,
Mannachanallur Taluk, Trichy District belong to 15 persons and they
were already issued with patta. The petitioner intended to purchase the
subject properties and a sale deed was also executed in his favour.
Though the document was presented for registration on three occasions,
it was returned on the ground that the subject properties belong to
Kalaimagal Saba and as such, no one has right to deal with the subject
properties, since Kalaimagal Saba is under liquidation.
5. The learned counsel appearing for the petitioner would submit
that in order to grab the subject properties, a fictitious sale deed was
registered by impersonating the original owner in favour of Kalaimagal
Saba, Kumarapalayam. In pursuant to the said sale deed, Kalaimagal
Saba claimed title over the subject properties. Immediately, the original
owner of the properties lodged a complaint. During enquiry, Kalaimagal
Saba admitted that they had been cheated by unknown persons by
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impersonating the original owner of the properties and also handed over
the fictitious sale deed dated 26.03.1992 to the original owner.
Subsequently, the original owner had executed settlement deeds and sale
deeds in respect of the subject properties to various persons. Now, the
vendors of the petitioner numbering to 15 persons, have title over the
subject properties on receipt of various sale consideration and all the
revenue records were also mutated in favour of the petitioner's vendors.
Therefore, the petitioner's vendors have valid title over the properties.
6. In this regard, the learned counsel appearing for the petitioner,
relied upon the judgment of the Division Bench of this Court, in the case
of N.Ramayee vs. Sub Registrar, Registration Department and Another
reported in 2020 (5) LW 385 and the relevant paragraphs are extracted
hereunder:-
“47. It is also brought to our notice about the new
circular in No. 24011/C1/2020 dated 08.10.2020. It is the
contention of the learned Additional Advocate General that
the Registrar has power to regulate the registration in order
to prevent fraud and hence, the Registrar is having powers
under the Registration Act to regulate the registration and
the right to refuse the document and that such power is
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available under Section 71 of the Registration Act. Such
contention is not acceptable for the simple reason that the
circular bars transfer of property on the ground that when a
lease is already executed in respect of the property, without
expiry of the lease, transfer cannot be permitted or without
consent of lessee no registration is permissible. Further,
insisting a no objection from mortgagee before registration
is also against the very substantive provision of law. If any
property is sold with existing mortgage, the transferee steps
into the shoes of mortgagor. He has the right to redeem the
property by paying the mortgage money. Therefore in the
name of regulating the registration, any circular which is in
the nature of violating the substantive provision of law,
which deals with the transfer of property, then such circular
cannot stand in the eye of law. If the contention of learned
Advocate General that without seeking declaration and
cancellation of the agreement of sale, subsequent agreement
or transaction cannot be registered, is accepted then such
restriction, in fact, infringes the very Constitutional right of
the citizen provided under Article 300 A of the Constitution.
48. We are of the view that except as provided in the
Registration Act and any other statute, the Registrar has no
power to refuse to register a document. Though the object of
the Act is to prevent fraud, such occasion arises only where
some private properties are notified under the Tamil Nadu
Private Forest Act. In such case, sale of such property
without permission of the Collector of the District is void.
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Only when such notification is available in respect of any
property, the Registrar can verify whether the sanction of
the Collector is obtained or not. Similarly, whenever
properties have been declared as forest land or elephant
corridor, etc., and the notification is available with the
Registrar, based on the above notification he can exercise
power. Except the above, the Registrar has no power to
refuse to register the document.
49. As already indicated, the purpose of registration
is only to give a public notice. It is for the buyer or
subsequent transferee to make reasonable enquiry. Doctrine
of caveat emptor will also apply to every transfer. It is for
them to verify the title of the property by making reasonable
enquiry. At any event, subsequent transfer will always be
subject to the rights already created. Therefore, it cannot be
said that merely because agreement for sale is registered
without obtaining decree of declaration that such agreement
is void, subsequent transfer is prohibited and cannot be
registered. We hold that as discussed in our judgement,
Registrar has no right to refuse to register the subsequent
document on the basis that agreement of sale was already
registered in respect of same property. Accordingly, the
reference is answered. Post the writ petition in W.P.No.674
of 2020 before the learned single judge for disposal.”
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7. This Court is of the view that the respondent has no power to
refuse to register the subsequent document, on the basis of the agreement
of sale, which was already registered in respect of the very same
property.
8. In view of the above, the petitioner is directed to re-present the
sale deed, which was executed in his favour within a period of one week
from the date of receipt of a copy of this order and on receipt of the same,
the respondent is directed to register and release the document within a
period of one week thereafter.
9. With the above direction, this writ petition is disposed of. No
costs.
04.11.2024
Index : Yes / No
NCC : Yes / No
sm
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G.K.ILANTHIRAIYAN, J.
Sm
TO:-
The Sub Registrar,
Mannachanallur Sub Registrar Office,
Mannachanallur
Trichy District.
Order made in
Dated:
04.11.2024
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