Madras High Court
Sheik Umar vs The Inspector General Of Registration on 1 April, 2025
W.P.(MD)No.5597 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.(MD) No.5597 of 2025
1.Sheik Umar
2.Shameema Fathima ... Petitioners
vs.
1.The Inspector General of Registration,
Santhome High Road,
Chennai.
2.The Deputy Inspector General of Registration,
Deputy Inspector General of Registration Office,
Tirunelveli.
3.The District Registrar,
District Registrar Office,
Nagercoil,
Kanyakumari District.
4.The Sub Registrar,
Ganapathipuram Sub Registrar Office,
Ganapathipuram,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records on the file of the fourth respondent in Refusal Number:
RFL/uh[hf;fkq;fyk;/43/2025, dated 05.03.2025 and for quashing the
same with a further direction to register the sale deed presented by
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W.P.(MD)No.5597 of 2025
the writ petitioner in favour of one Ramadevi and for other
consequential orders.
(cause title has been amended vide order dated 01.04.2025)
For Petitioners :Mr.R.Murugan
For Respondents :Mr.N.Ramesh Arumugam
Government Advocate
ORDER
The writ petition has been filed for a Certiorarified Mandamus,
calling for the records on the file of the fourth respondent in Refusal
Number: RFL/uh[hf;fkq;fyk;/43/2025, dated 05.03.2025 and for
quashing the same with a further direction to register the sale deed
presented by the writ petitioner in favour of one Ramadevi and for
other consequential orders.
2.The petitioners state that the land situated in S.No.296/16A2
of Neendakarai B Village, Agastheeswaram Taluk, Kanyakumari
District, belonged to Tamil Nadu Industrial Investment Corporation
Limited (herein after referred to as TIIC). One Devadhason purchased
the same from TIIC on 24.06.1999. Thereafter, Devadhason sold the
property to Abdhul Majeeth and Shameema Fathima. The sale was by
way of a registered document in Doc.No.1983/1999 dated 21.10.1999.
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3.The petitioners state that Shameema Fathima/the second
petitioner is the wife of the first petitioner. The first petitioner
purchased the remaining ¼ share, which vested with Abdhul Majeeth
in the year 2005. Therefore, the petitioners are the co-owners of the
aforesaid property.
4.The petitioners attempted to alienate the property in favour of
one Ramadevi and were informed that there is an entry of an order of
attachment over the subject matter of the property and hence, it
cannot be entertained. Hence, this Writ Petition.
5.When the matter came up for admission, Mr.N.Ramesh
Arumugam, learned Government Advocate, took notice for the
respondents. He pointed out that the petitioners had not even made
an attempt to upload the records for the purpose of registration and
therefore, there is no cause of action for the writ petition.
Mr.R.Murugan took time to present the document and get back to this
Court.
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6.When the mater was taken up today, Mr.R.Murugan has
produced a refusal check slip dated 05.03.2025 and sought time to
amend the prayer into one of Certiorari.
7.Taking into consideration the fact that the impugned check
slip was passed pending this writ petition, the prayer sought for in
this writ petition is modified into one of Certiorarified Mandamus as
calling for the records on the file of the fourth respondent in Refusal
Number: RFL/uh[hf;fkq;fyk;/43/2025, dated 05.03.2025 and for
quashing the same with a further direction to register the sale deed
presented by the writ petitioner in favour of one Ramadevi and for
other consequential orders.
8.Registry is directed to amend the prayer as sought for.
9.The narration of the facts shows that the petitioners had
purchased the property from one Devadhason. Prior to the purchase
of Devadhason from TIIC, one M/S.Jaya Enterprises, a proprietary
concern, represented by its Proprietor, C.Jeya Ananth, had been the
owner of the property. M/S.Jaya Enterprises had applied for and
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obtained a term loan from TIIC on 20.06.1983. Pursuant to the grant
of the loan, M/S.Jaya Enterprises had executed a registered mortgage
dated 04.10.1983 in favour of TIIC. This was as a security for the
loan.
10.M/s.Jaya Enterprises had defaulted in repayment of the
mortgage, constraining TIIC to invoke powers under Section 29 of the
State Financial Corporation's Act, 1951. TIIC brought the property for
auction and the property was purchased by Devadhason in an auction
held on 11.11.1997.
11.Perusal of the sale deed executed by TIIC in favour of
Devadhason shows that the auction sale in favour of Mr.Devadhason
was accepted and confirmed by TIIC on 27.03.1998. On the sale being
held of the mortgagor’s property and when the petitioners’ predecessor
in title had purchased the property, whatever right, title and interest
M/S.Jaya Enterprises had over the property stand vested with
Devadhason. The petitioners and one Abdhul Majeeth had purchased
the property from the said Devadhason by way of a registered
document on 21.10.1999.
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12.In terms of Section 22B(3) of the Registration Act, 1908,
there is a bar for registration of a document as long as the property is
attached either provisionally or if the attachment has been made
absolute. A perusal of the records produced by Mr.N.Ramesh
Arumugam shows that the attachment made in E.P.No.146 of 2003 in
O.S.No.37 of 1991 on the file of the I Additional Subordinate Judge,
Nagercoil, merged into a sale held by the Court on 20.09.2007.
Therefore, the bar under Section 22B(3) of the Registration Act, 1908,
does not operate.
13.This leaves out another objection of Mr.N.Ramesh
Arumugam that there is already a document on record. In a similar
situation in T.Senthilvel Vs. District Registrar (Administration),
Dindigul District and other, W.P.(MD) No.22114 of 2024, dated
17.10.2024, this Court held that for the mere fact that there would
be a double entry in respect of the property, registration cannot be
refused.
14.That being the position, the impugned order cannot be
sustained. The impugned order is quashed. There shall be a direction
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to the fourth respondent to register the sale deed presented by the
writ petitioner in favour of Ramadevi within a period of two weeks
from the date of receipt of a copy of this order.
15.Insofar as the prayer made by Mr.R.Murugan that there
should be a direction to delete the entry of Court auction sale in
E.P.No.146 of 2003 in O.S.No.37 of 1991 on the file of the I Additional
Subordinate Judge, Nagercoil is concerned, this position is covered by
a judgment of a Division Bench of this Court in Tamil Nadu
Mercantile Bank Vs. the Sub Registrar, Joint I, Sub Registrar
Office, Salem East and others, 2024-2-Writ L.R. 649. The Division
Bench held that there is no power to give a direction to delete the
entry made in the encumbrance certificate. Accordingly, that prayer
stands rejected. The mere registration of the document will not confer
title on Ramadevi. In case there is a dispute as regards title, it will
have to be decided by the jurisdictional civil Court.
16.The Writ Petition stands ordered, accordingly. No costs.
Index :Yes / No 01.04.2025
Internet :Yes / No
NCC :Yes / No
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To
1.The Inspector General of Registration,
Santhome High Road,
Chennai.
2.The Deputy Inspector General of Registration,
Deputy Inspector General of Registration Office,
Tirunelveli.
3.The District Registrar,
District Registrar Office,
Nagercoil,
Kanyakumari District.
4.The Sub Registrar,
Ganapathipuram Sub Registrar Office,
Ganapathipuram,
Kanyakumari District.
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V. LAKSHMINARAYANAN, J.
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01.04.2025
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