Madras High Court
S.Ganesan vs The Inspector General Of Registration on 24 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.25274 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.25274 of 2024
S.Ganesan ... Petitioner
Vs.
1.The Inspector General of Registration,
Santhome High Road, Santhome,
Chennai.
2.The District Registrar-Admin,
Office of the District Registrar,
Karur.
3.The Sub Registrar-Joint No.II,
Sub Registrar Office, Karur,
Karur 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 of the 3rd respondent made
in Refusal Number:RFL/Karur Joint II/83/2024, dated 23.09.2024 and quash
the same as illegal and consequently, to direct the 3rd respondent to register and
release the sale deed dated 23.09.2024 forthwith executed by the petitioner.
For Petitioner : Mr.S.I.Muthiah
For Respondents : Mr.C.Satheesh,
Government Advocate
https://www.mhc.tn.gov.in/judis
1/4
W.P(MD)No.25274 of 2024
ORDER
By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
2.It is the grievance of the petitioner that when he presented the sale
deed dated 23.09.2024, which is executed by him in favour of one M.Velusamy
in respect of the property in S.Nos.250/4A & 250/4C to an extent of 22 and 57
cents respectively situated at Minnaampalli Village, Manmangalam Taluk,
Karur District, for registration, the 3rd respondent, vide refusal check slip dated
23.09.2024, has refused the same, stating that O.S.No.1 of 2023 is pending on
the file of the learned Principal District Munsif, Karur in respect of the property
in question. Challenging the same, the petitioner has filed this Writ Petition.
3.At the outset, this Court is of the view that mere pendency of the
suit will not be a bar for registering the document. Registration is always
subject to the result of the suit. Mere registration will not give any absolute
right to the parties concerned and the right of the parties will be only based on
the rights declared in the civil suit. 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
https://www.mhc.tn.gov.in/judis
26.04.2024], in which it has been held as follows:
“....j. The other ground on which refusal is also made casually is
citing the pendency of the suit. The said issue is also elaborately
dealt by the Division Bench of this Court in N.Ramayee's case,
wherein, in paragraph 28, it is held as follows:
28. It is also pertinent to note that even if transfer is made
during a pending suit, such transfer is not void but is subject to
the result of the suit. Section 53 of the Transfer of Property Act,
deals with fraudulent transfer. Even such fraudulent transfer is
made with intent to defeat or delay the creditors of the transferor
shall be voidable at the option of any creditor so defeated or
delayed. Even in such cases the rights of transferee in good faith
and for consideration is protected.”
Therefore, mere citing the pendency of the suit also the
document cannot be registered. ”
4.In such view of the matter, the refusal made by the 3 rd respondent,
citing the pendency of the suit, 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 3rd 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.
24.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J
Yuva
To
1.The Inspector General of Registration,
Santhome High Road, Santhome,
Chennai.
2.The District Registrar-Admin,
Office of the District Registrar,
Karur.
3.The Sub Registrar-Joint No.II,
Sub Registrar Office, Karur,
Karur District.
24.10.2024
https://www.mhc.tn.gov.in/judis
