Madras High Court
Chellammal vs The District Registrar on 3 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.23663 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.23663 of 2024
and
W.M.P(MD).No.20040 of 2024
Chellammal ... Petitioner
Vs.
1.The District Registrar,
Near New Bus Stand,
Polepettai,
Thothukudi District.
2.The Sub-Registrar,
Sub-Registrar Office,
Pudukkottai,
Palayankottai Road,
Pudukottai, Thoothukudi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned check slip issued by the second respondent
dated 25.09.2024 and quash the same and consequently directing the second
respondent to accept the sale deed submitted by the petitioner dated 23.09.2024
and register the same in respect of S.No.139/3B to an extent of 75 cents
situated at Allikulam Village, Pudukopttai, Ottapidaram Taluk, Thoothukudi
District within the time stipulated by this Court.
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1/5
W.P(MD)No.23663 of 2024
For Petitioner : Mr.C.Jeganathan
For Respondents : Mr.M.Siddharthan
Additional Government Pleader
ORDER
Challenging the impugned check slip issued by the second respondent
dated 25.09.2024, this writ petition has been filed.
2. Heard both sides. By consent, this writ petition is taken up for final
disposal at the admission stage itself.
3. The case of the petitioner is that the subject property situated in
S.No.139/3B to an extent of 75 cents belongs to him and he executed a sale
deed in favour of one Jeyaraj Lenin. It is the grievance of the petitioner that
when he presented the sale deed for registration, the second respondent refused
the same to register on the ground that objection raised by Suresh Kannan and
Vinoth Kannan. Hence, the petitioner seeks direction of this Court.
4. At the outset, the issue raised in this writ petition is no longer res-
integra, in view of the judgment rendered by this Court in the case of
https://www.mhc.tn.gov.in/judis
Subramani vs. the Sub Registrar and others [WP.No.11056 of 2024, dated
26.04.2024], in which it has been held as follows:
“... b. refusal on the ground of title dispute, 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.”
5. This Court has also held that it is not the duty of the Sub Registrar to
venture in the dispute of title. In such view of the matter, the refusal made by
the second respondent cannot be sustained in the eye of law.
6. Accordingly, this writ petition stands allowed and the impugned
check slip dated 25.09.2024 issued by the second respondent is hereby set
aside. The second respondent is directed to register the document presented by
https://www.mhc.tn.gov.in/judis
the petitioner within a period of one week from the date of receipt of copy of
this order. No costs. Consequently, connected Miscellaneous Petition is closed.
03.10.2024
NCC : Yes / No
Index : Yes / No
Rmk
To
1.The District Registrar,
Near New Bus Stand,
Polepettai,
Thothukudi District.
2.The Sub-Registrar,
Sub-Registrar Office,
Pudukkottai,
Palayankottai Road,
Pudukottai, Thoothukudi District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J
Rmk
03.10.2024
https://www.mhc.tn.gov.in/judis
