Madras High Court
V.Sundarapandian vs The Sub Registrar on 18 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.24658 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.24658 of 2024
and W.M.P(MD).Nos.20978 and 20979 of 2024
1.V.Sundarapandian
2.R.Santhosh Kumar ... Petitioners
Vs.
The Sub Registrar,
Kovilpatti, Thoothukudi District. ... Respondent
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 of the respondent herein in his proceedings in Refusal
Check Slip in RFL/Kovilpatti/66/2024 dated 02.07.2024 which was
served to the petitioners on 31.08.2024 and quash the same and
consequently direct the respondent herein to register the sale deed dated
02.07.2024 presented by the petitioner in respect of the property in S.No.
187/12 to an extent of 0.24 ares (59 cents) in Kattaramanpatti Village,
Varathampatti Panchayat, Ettayapuram Taluk, Thoothukudi District.
For Petitioners : Mr.K.Hemakarthikeyan
For Respondent : Mr.P.Subbaraj
Special Government Pleader
Page No.1/4
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24658 of 2024
ORDER
Challenging the impugned Refusal Check Slip in
RFL/Kovilpatti/66/2024, dated 02.07.2024, issued by the respondent,
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 petitioners is that they purchased the subject
property in S.No.187/12 to an extent of 59 cents from one
T.Samuthiramuthu. In this regard, when the document was presented for
registration, the same was refused by the respondent on the ground that
there was a protest petition. Hence, the petitioners seek 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 Subramani vs. the Sub Registrar and others [WP.No.11056 of
2024, dated 26.04.2024], in which it has been held as follows:
https://www.mhc.tn.gov.in/judis
“... 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 respondent cannot be sustained in the eye of law.
6. Accordingly, this writ petition stands allowed and the
impugned order in RFL/Kovilpatti/66/2024, dated 02.07.2024, issued by
the respondent is hereby set aside. The respondent is directed to register
the petition mentioned document within a period of one week from the
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
Rmk
date of receipt of copy of this order. No costs. Consequently, connected
Miscellaneous Petitions are closed.
18.10.2024
(2/2)
Index : Yes / No
NCC : Yes / No
Rmk
To
The Sub Registrar,
Kovilpatti, Thoothukudi District.
https://www.mhc.tn.gov.in/judis
