Madras High Court
S.Balasubramanian vs The Inspector General Of Registration on 6 November, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
and W.M.P.(MD)Nos.11442, 11443, 13487, 14552, 14553, 11192 of 2022,
18183 and 18177 of 2024
In W.P(MD) No.14474 & 15519 of 2022
S.Balasubramanian
... Petitioner in W.P(MD) No.14474, 15519 of 2022
Vs
1. The Inspector General of Registration,
Nungambakkam, Chennai.
2. The District Registrar,
Joint 4 Sub-Registrar Office, Madurai.
3. The Sub Registrar,
Joint 4 Sub-Registrar Office, Madurai
South District, Madurai.
... Respondents in W.P(MD) No.14474 of 2022
1. The Inspector General of Registration,
Nungambakkam, Chennai.
2. The District Registrar,
Joint 4 Sub-Registrar Office, Madurai.
3. The Sub Registrar,
Joint 4 Sub-Registrar Office, Madurai
1/16
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
South District, Madurai.
4. The Executive Officer,
Arulmigu Subramanya Swamy Temple,
Thiruparankundram,
Madurai.
5. J. Sundarajan
... Respondents in W.P(MD) No.15519 of 2022
In W.P(MD) No.15869 of 2022
1. K.Muniyandi
2. T.Jayarani
3. T.Shantheesh
.... Petitioners in W.P(MD) No.15869 of 2022
/vs/
1. The Inspector General of Registration,
Nungambakkam, Chennai.
2. The Deputy Inspector General of Registration,
Office of the Deputy Inspector General of Registration,
Combined Building, Rajagambeeram,
Thirumoogur Road, Y.Othakadai, Madurai-6.
3. The District Registrar (Administration),
Madurai South District,
171, Palace Road, Madurai.
4. The Sub-Registrar,
Joint 4 Sub-Registrar Office, Madurai
South District, Madurai.
5. S.Balasubramanian
2/16
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
6. J.M.Rajasuganya
7. J.Sundarrajan *
*(Impleaded as per order of this Court in
WMP(MD) No.18177 of 2024, dated 06.11.2024)
... Respondents in W.P(MD) No.15869 of 2022
In W.P(MD) No.18561 of 2022
J.Sundarrajan
.... Petitioner in W.P(MD) No.18561 of 2022
Vs
1. The District Collector,
Madurai District, Madurai.
2. The Revenue Divisional Officer,
Melur Division at Narasingampatty,
Vellaripatty Road, Madurai - 625 106.
3. The Tahsildar,
Madurai South Taluk, Madurai.
4. The District Registrar (Administration),
Madurai South, 171 Palace Road, Madurai.
5. The Sub Registrar No.4,
Sub-Registrars Officer, Madurai South,
Palaganatham, Madurai.
6. K.Muniyandi
7. T.Jeyarani
8. T.Santheesh
9. S.Balasubramanian
... Respondents in W.P(MD) No.18561 of 2022
3/16
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
In W.P(MD) No.19992 of 2022
N.Thiyagarajan
.... Petitioner in W.P(MD) No.19992 of 2022
Vs
1. The District Registrar (Administration),
Assistant Inspector General of Registration Position,
Madurai South, Madurai.
2. The Joint-IV Sub Registrar,
Madurai South, Madurai.
3. J.Sundarrajan
4. The Executive Officer,
Arulmigu Subramania Swamy Temple,
Thiruparamkundram, Madurai..
5. S.Balasubramanian
... Respondents in W.P(MD) No.19992 of 2022
PRAYER IN WP(MD) No.14474 of 2022: Writ Petition is filed under Article 226
of the Constitution of India, praying for the issuance of a Writ of Certiorarified
Mandamus to calling for the records and quash the impugned order passed by the
3rd Respondent in RFL/Madurai South Joint 4/6/2022, dated 17.06.2022 and
consequently direct the 3rd respondent to register the settlement deed, dated
14.06.2022 presented by the petitioner.
For Petitioner : Mr. M.Karthikeya Venkitachalapathy
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
4/16
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
PRAYER IN WP(MD) No.15519 of 2022: Writ Petition is filed under Article 226
of the Constitution of India, praying for the issuance of a Writ of Certiorari to call
for the records in pursuant to the impugned order passed by 2nd Respondent in
Na.Ka.No.2314/A2/2021 dated 23.06.2022 and quash the same.
For Petitioner : Mr. M.Karthikeya Venkitachalapathy
For Respondents : Mr.S.P.Maharajan (R1 to R3)
Special Government Pleader
Mr.V.Chandrasekar (R4)
Ms.J.Padmavathi Devi (R5)
PRAYER IN WP(MD) No.15869 of 2022: Writ Petition is filed under Article 226
of the Constitution of India, praying for the issuance of a Writ of Certiorari,
calling for records pertaining to the impugned order passed by the Respondent No.
2 vide Na.Ka.No. 4106 / Aa4 / 2021 dated 04-07-2022 issued by the Respondent
No.2 and quash the same as illegal.
For Petitioners : Mr. M.Sridharan
For Respondents : Mr.S.P.Maharajan (R1 to R4)
Special Government Pleader
Mr.M.Sankar (R4)
Mr.N.S.Karthikeyan(R6)
PRAYER IN WP(MD) No.18561 of 2022: 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 pertaining to the order dated 23.06.2022 in
NE.MU. No.2443/2021/A4 passed by the 2nd respondent and quash the same and
consequently direct the 2nd respondent to cancel the patta given to 9th respondent
5/16
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
based on the order passed by the 3rd respondent in Na.Ka. No.2314/AA2/2021
dated 23.06.2022.
For Petitioner : Ms.J.Padmavathi Devi
For Respondents : Mr.S.P.Maharajan (R1 to R5)
Special Government Pleader
PRAYER IN WP(MD) No.19992 of 2022: Writ Petition is filed under Article 226
of the Constitution of India, praying for the issuance of a Writ of Certiorari,
calling for the records relating to the impugned order passed by the 1st respondent
in Na.Ka. No.2314/Aa2/2021 dated 23.06.2022 and quash the same.
For Petitioner : Mr. S.Parthasarathy
For Respondents : Mr.S.P.Maharajan (R1,R2)
Special Government Pleader
Ms.J.Padmavathi Devi (R3)
Mr.V.Chandrasekar (R4)
Mr.T.Krishnaveni (R5)
COMMON ORDER
The petitioner in W.P(MD) No.15519 of 2022 had purchased the
property comprised in S.No.576/1 to an extent of 85 ½ cents of land situated at
Avaniyapuram, Madurai under patta No.2001 by way of registered sale deed in
Doc.No.9956/2018, dated 09.07.2018. After purchase, the petitioner had applied
for sub division of property and as per order, dated 21.01.2021 it was ordered for
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
sub-division and issued separate patta in favour of the petitioner. The subject
property was given S.No.576/1B to an extent of 0.34.60 Hectares, ie., 85 ½ cents
under patta No.22035. However, in respect of title over the property, there is a
dispute between the petitioner's vendors and other claimants.
2.Simultaneously, the title over the subject property also claimed by
Arulmigu Thiruparankundram Subramaniya Swamy Temple by its Trustee and
also by the Executive Officer. Therefore, one of the Trustee approached the
District Registar (Administration), Madurai South to cancel the sale deed
registered in favour of the petitioner. The District Registrar vide order, dated
28.01.2022 rejected the complaint and directed the parties to approach the civil
Court, since it is pertaining to a title dispute. Aggrieved by the same, the said
Trustee preferred an appeal before the Inspector General of Registration and the
same was allowed under Section 68(2) of Registration Act, 1908.
3.One of the vendor of the subject property also filed a petition in
W.P(MD) No.19992 of 2022 and supported the case of the petitioner in W.P(MD)
No.15519 of 2022, challenging the order passed by the District Registrar, thereby,
seeking for cancellation of sale deed executed in favour of the petitioner in
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
W.P(MD) No.15519 of 2022.
4.The petitioner in W.P(MD) No.15519 of 2022 also filed a petition in
W.P(MD) No.14474 of 2022 intended to settle the subject property in favour of his
wife and executed a settlement deed and presented for registration. However,
when it was presented for registration, it was refused to register by way of issuing
refusal check slip on the ground that the sale deed executed in favour of the
petitioner itself now cancelled and as such, he has no title to execute settlement
deed in favour of his wife.
5.In W.P(MD) No.18561 of 2022 filed by another person, who also
claimed title over the property by challenging the order passed by the Revenue
Divisional Officer, thereby, dismissed the request made by the petitioner seeking
cancellation of patta issued in favour of the vendor of the subject property and
directed the petitioner to approach the civil Court for appropriate relief, since it
regards to dispute over the title.
6.W.P(MD) No.15869 of 2022 has been filed challenging the order
passed by the Deputy Inspector General of Registration under Section 68(2) of
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
Registration Act, 1908. Originally, the 5th respondent lodged a complaint to cancel
the sale deed executed in favour of the petitioner in W.P(MD) No.15519 of 2022.
7.In all these writ petitions, the issue is common and the subject
property is also one and the same. It is seen that the dispute between the vendors
and other persons, who also claimed title over the property, including the Temple.
Now, the provision under Section 77(A), 77(B) of Registration Act, 1908 and the
Circular issued by the Inspector General of Registration, dated 08.11.2017 have
been struck down by the Division Bench of this Court as unconstitutional.
Therefore, the District Registrar or the appellate Authority having bar to cancel the
registered documents. The aggrieved party has to approach only the civil Court
for proper relief.
8.It is relevant to rely upon the Judgment of Division Bench of this
Court passed in the batch of writ petitions in W.P.No.10291 of 2022 etc., batch,
dated 02.08.2024. The relevant portions are extracted hereunder for better
appreciation:
“173. WP.(MD).Nos.8653, 5413, 6457, 6443, 6556, 4983, 5396,
15120, 5492, 5449, 5613, 8999, 5782, 5419, 6333, 6215, 13994, 8421,
9163, 11273, 11121, 8768, 7444, 12885, 5497, 8832/2023 and 14546,
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
21199/2022 ; 11890, 15105, 15553, 15477, 15020, 8558, 9975, 14353,
13147, 2734, 10718, 13000, 8095, 10352, 8175, 15129, 15172, 9936,
7262, 7836, 10818, 12694, 14055, 10729, 9554, 7385, 9919, 13995,
9550, 13330, 11891, 6850, 5399, 8814, 8550, 8765, 6686, 10993 8600,
7920, 9563, 10705, 29682, 10378, 9523, 14402, 9024, 7852, 7052,
9556, 7088, 9120, 14069, 8836, 7958, 15557, 14567, 7267, 6709/2023
& WP.No.831/2022.
The above writ petitions are filed for issuing directions to
respondents to consider the representations of the respective
petitioners. The representations of the petitioners in all these cases are
to cancel the registration of the documents which are before
amendment. Since we have held that Section 77-A is unconstitutional
and assuming that it is constitutionally valid, it can only operate
prospectively, all the following writ petitions are liable to be dismissed.
174. WP.Nos.10291/2022, 15128, 31128, 15905, 9125, 8445,
2792, 20907, 19264 & 11009/2023, WP.(MD).Nos.9534, 9770, 5418,
9681, 18274, 14865, 13770, 9691, 5108, 13385, 9638, 4840, 10315,
13824, 6288, 15197, 15822, 18883, 18419, 13642 of 2023 & 4073,
19148/2022:-
The above writ petitions are filed to quash the notice or
proceedings issued by the District Registrar / Inspector General of
Registration, in exercise of his power under Section 77-A of the
Registration Act to cancel the registered document. All the documents
which are sought to be cancelled or registration of which are sought to
be cancelled, are executed before amendment. Since this Court has now
held that Section 77-A is prospective, all the writ petitions are allowed
and the impugned notices or proceedings issued by District Registrar /
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
Inspector General of Registration, in exercise of his power for
conducting enquiry under Section 77-A are quashed.
175. WP.(MD).Nos.14674, 7704, 8987/2023 ; 16445,/2022 ;
WP.Nos.10604/2020, 17719, 12480, 24805, 24610/2022 and
10858/2023.
The above writ petitions have been filed with a prayer for
cancellation of documents or for cancelling registration of documents
which are long before the amendment came. In view of the decision this
Court had taken that Section 77-A as introduced by the amendment is
unconstitutional, all the above writ petitions are dismissed as there is
no scope for enquiry now under Section 77-A of the Act.
176. WP.(MD).Nos.8357, 12208, 13666, 9213, 14121, 13172,
13895, 13746, 3419 of 2023, 8679/2023, WP.Nos.15543, 13188, 22561,
31075, 31079/2023 ; WA.No.2963, 2211, 2386/2023, 575/2024 ;
WP.Nos. 13567, 8305, 10525, 22570, 9386, 15825/2023:-
The above writ petitions are filed challenging the orders passed
by the District Registrar cancelling the document on the ground that
the registration of the document are in contravention of Section 22-A
and Section 22-B. In view of the decision taken by this Court by
declaring Section 77-A is unconstitutional, all these writ petitions are
allowed and the 398 impugned order passed by the respective District
Registrars by invoking the power under Section 77 are set aside.
WP.No.26952/2023:-
177.Since this Court holds that Section 22-B is not
unconstitutional, the writ petition is partly allowed.
WP.No.4161/2024:-
178.Section 68[2] of Registration Act was interpreted to confer
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
power on the District Registrar to cancel the document for
irregularities in registration. As this Court has already held that
Section 77-A of the Act is unconstitutional as it is contrary to the object
of the Act, any circular or order or direction enabling the District
Registrar or Registering Officer to cancel registration or invalidating
any transaction is unconstitutional and hence, the impugned circular
dated 08.11.2017 is declared as unconstitutional. The writ petition
stands allowed.
179.In view of our conclusions reached above on every point we
have taken for determination in these cases, this Court finds that there
is no scope for entertaining any application under Section 77-A of the
Act. Similarly, the power under Section 22-A and Section 22-B of the
Act can be exercised only when the jurisdictional issue as indicated in
our judgment can be decided on the admitted facts or on the materials
which are not in dispute. Till such time the Government frames
guidelines in the manner provided by the Full Bench and Division
Bench of Andhra Pradesh High Court, the directions issued by the
Division Bench of this Court in Sudha Ravikumar and Another Vs. The
Special Commissioner and Commissioner, HR&CE, Chennai and
Others [2017 SCC Online Mad 19191 : 2017 [4] MLJ 445] is binding
on the Registering Authority and the Registering Authority shall
meticulously follow the directions. No costs. Consequently, connected
miscellaneous petitions are closed.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
9.In view of the above,
● W.P(MD) Nos.15519 and 19992 of 2022 are allowed and the
impugned order, dated 23.06.2022 is quashed;
● W.P(MD) No.18561 of 2022 is dismissed;
● In view of the aforesaid dictum laid down by the Division Bench,
the impugned order, dated 04.07.2022 cannot be sustained and
liable to be quashed. Accordingly, WP(MD) No.15869 of 2022 is
allowed;
● In view of the above, the impugned refusal check slip issued by
the 3rd respondent in W.P(MD) No.14474 of 2022 cannot be
sustained and liable to be quashed. Accordingly, WP(MD) No.
14474 of 2022 is allowed. The petitioner is at liberty to represent
the settlement deed, dated 14.06.2022 executed in favour of his
wife in respect of subject property within a period of two weeks
from the date of receipt of copy of this order before the third
respondent and on receipt of the same, the 3rd respondent shall
register the document and release the document forthwith;
● However, aggrieved parties over the sale deed executed in favour
of the petitioner in W.P(MD) No.15519 of 2022 are at liberty to
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
approach the Civil Court for appropriate relief in the manner
known to law. The period of pendency of all these writ petitions
shall be excluded to calculate the limitation for filing a suit.
● No costs. Consequently connected Miscellaneous Petitions are
closed.
06.11.2024
NCC : Yes/No
Index : Yes/No
PNM
To
1. The District Collector,
Madurai District, Madurai.
2. The Inspector General of Registration,
Nungambakkam, Chennai.
3. The Deputy Inspector General of Registration,
Office of the Deputy Inspector General of Registration,
Combined Building, Rajagambeeram,
Thirumoogur Road, Y.Othakadai, Madurai-6.
4. The District Registrar,
Joint 4 Sub-Registrar Office, Madurai.
5. The District Registrar (Administration),
Madurai South District,
171, Palace Road, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
6. The District Registrar (Administration),
Assistant Inspector General of Registration Position,
Madurai South, Madurai.
7. The Revenue Divisional Officer,
Melur Division at Narasingampatty,
Vellaripatty Road, Madurai - 625 106.
8. The Sub Registrar,
Joint 4 Sub-Registrar Office, Madurai
South District, Madurai.
9. The Sub Registrar No.4,
Sub-Registrars Officer, Madurai South,
Palaganatham, Madurai.
10. The Tahsildar,
Madurai South Taluk, Madurai.
11. The Executive Officer,
Arulmigu Subramanya Swamy Temple,
Thiruparankundram,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
G.K.ILANTHIRAIYAN, J.
PNM
COMMON ORDER IN
W.P.(MD)Nos.14474, 15519, 15869, 18561 and 19992 of 2022
and W.M.P.(MD)Nos.11442, 11443, 13487, 14552, 14553, 11192 of 2022, 18183
and 18177 of 2024
06.11.2024
https://www.mhc.tn.gov.in/judis
