Madras High Court
S.M.Sivakumar vs S.M.Sivasamy on 3 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A(MD)No.1530 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1530 of 2024
and
C.M.P.(MD)No.11921 of 2024
S.M.Sivakumar ... Appellant / 5th Respondent
-vs-
1.S.M.Sivasamy ... Respondent / Writ Petitioner
2.The Inspector General of
Registration,
No.100, Santhome High Road,
Raja Annamalaipuram,
Chennai-600 028.
3.The Deputy Inspector General
of Registration,
Madurai Region,
TNAU Nagar, Rajakambeeram,
Y.Othakadai,
Madurai-625 107.
4.The District Registrar
(Administration),
(In the cadre of Assistant Inspector
General of Registration),
Dindigul.
5.The Sub Registrar,
Nilakkottai,
Dindigul District. ... Respondents 2 to 3 / Respondents 1 to 4
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Page 1 of 5
W.A(MD)No.1530 of 2024
PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
common order dated 27.06.2024 made in W.P.(MD)No.31328 of 2023
For Appellant : Mr.G.Prabhu Rajadurai
For R-1 : Mr.M.Saravanan
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The appellant is aggrieved by the order made in W.P.(MD)No.31328
of 2023 dated 27.06.2024, allowing the said writ petition and directing
registration of a settlement deed executed by his father in favour of his
brother / 1st respondent herein on 05.09.2020. The appellant objected to
the registration of the settlement deed by the Sub – Registrar on various
grounds. The Sub-Registrar initially rejected the objections. That order of
rejection was made in a subject matter of the writ petitions in W.P.
(MD)Nos.14834 and 22615 of 2021. Those writ petitions were disposed of
by a common order, directing the Sub-Registrar to re-consider the entire
claim.
2. After the orders of this Court, the Sub-Registrar by an order dated
10.08.2022, conducted a full fledged trial assumed not only the powers of
the Civil Courts but also the powers of the Constitutional Courts and
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passed a detailed order pronouncing upon the title and character of the
property on 10.08.2022. Unfortunately, the said order was confirmed by
the District Registrar also. He again wrote a full fledged judgment of the
Civil Court and he directed a Civil Suit to be filed within 30 days. A
revision presented was rejected as not maintainable. The orders of rejection
were questioned before this Court in the instant writ petition in W.P.
(MD)No.31328 of 2023. The Writ Court after considering the scope of
Section 35 and the powers of the Sub-Registrar to launch upon an enquiry
based on an objections held that such rejection order is bad. It therefore
directed registration of the document.
3. We have heard Mr.Prabhu Rajaduari, learned counsel appearing
for the appellant.
4. Mr.Prabhu Rajadurai would contend that under Section 35(1)(b),
the Registrar has the power to decide whether the executant is a minor or
an idiot or a lunatic. The rejection order is not on the ground that the
person was executed the document is a minor or an idiot or a lunatic. This
question was considered by the Sub-Registrar and he concluded that the
executant of the document was in a disposing state of mind and had the
capacity to execute the document. The correctness of this finding is not put
in issue before the Writ Court.
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5. We do not find any discussion on this question by the Writ Court.
Admittedly, the other grounds that have been stated as reasons for refusal
are not within the domain of the Sub-Registrar and hence, the Writ Court
has rightly set aside the order of refusal. We therefore do not find any merit
in the appeal, accordingly, the appeal is dismissed, leaving it open to the
appellant to challenge the settlement deed in the manner known to law
before an appropriate Civil Court. Consequently, connected miscellaneous
petition is closed. If the appellant chooses to do so, the Civil Court will
decide the matter independent of any observation made by this Court in
the order in the Writ Court or by us in this order or by the Sub-Registrar.
No costs.
[R.S.M., J.] [L.V.G., J.]
03.09.2024
NCC :Yes/No
Index :Yes/No
Internet: Yes
Sml
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Sml
03.09.2024
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