Madras High Court
M.Maharaja Sivasubramaniam vs The Sub Registrar on 16 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.24411 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.24411 of 2024
M.Maharaja Sivasubramaniam ... Petitioner
Vs.
1.The Sub Registrar,
Ambasamudram, Tirunelveli.
2.The Inspector of Police,
District Crime Branch,
Tirunelveli 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 refusal Check Slip in the
RFL/Ambasamudram/56/2024, dated 04.10.2024, on the file of the 1st
respondent and quash the same as illegal and consequently, to direct the 1st
respondent to register the settlement deed dated 04.10.2024 executed by the
petitioner in favour of his wife within the time fixed by this Court.
For Petitioner : Mr.H.Arumugam
For R1 : Mr.C.Satheesh,
Government Advocate
For R2 : Mr.M.Vaikkam Karunanithi,
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis
1/4
W.P(MD)No.24411 of 2024
ORDER
Challenge has been made to the refusal check slip issued by the 1st
respondent dated 04.10.2024.
2.It is the grievance of the petitioner that when he presented the sale
deed dated 04.10.2024, which is executed by the petitioner in favour of his
wife, it was refused by the 1st respondent, vide refusal check slip dated
04.10.2024 based on the objection letter given by the police authorities.
Challenging the same, the petitioner has filed this Writ Petition.
3.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 Subramani vs. the
Sub Registrar and others [WP.No.11056 of 2024, dated 26.04.2024], in which
it has been held as follows:
“d. As far as the refusal based on the letters from the police is
concerned, this Court in the case of R. Madhupriya v Inspector
General of Registration reported in 2020 SCC Online Mad 20112
has held that the practice of police officers issuing letters to the
Sub-Registrar’s asking them to refrain from registering documents
has been consistently deprecated. In such cases, it is for the
aggrieved party to obtain appropriate orders from the civil court
instead of using the police machinery to prevent the Registrar from
performing his statutory functions. Such view of the matter, merely
on the basis of some communication from the police officials, the
Registrar has no power to refuse the registration. ”
https://www.mhc.tn.gov.in/judis
4.In such view of the matter, the refusal made by the 1st respondent
cannot be sustained in the eye of law. Therefore, the same is liable to be
quashed, accordingly, it is quashed. This Writ Petition is allowed with a
direction to the 1st respondent to register the document presented by the
petitioner, within a period of one week from the date of receipt of a copy of this
order. No costs.
16.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.The Sub Registrar,
Ambasamudram, Tirunelveli.
2.The Inspector of Police,
District Crime Branch,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J
Yuva
16.10.2024
https://www.mhc.tn.gov.in/judis
