Madras High Court
S.Gomathinayagam vs The Sub Registrar on 20 February, 2025
W.P(MD)No.4499 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.02.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Writ Petition(MD)No.4499 of 2025
S.Gomathinayagam
..Petitioner
Vs
The Sub Registrar,
Melapalayam,
Tirunelveli. ..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
records relating to the impugned refusal check slip of the respondent in
RFL/Melapalayam/12/2025 dated 11.02.2025 and quash the same and
consequently direct the respondent to register the settlement Deed dated
11.02.2025 executed by the petitioner in favour of his brother and release the
same within the time fixed by this Court.
For Petitioner : Mr.H.Arumugam
For Respondents : Mr.R.Sureshkumar
Addl. Govt. Pleader
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1/5
W.P(MD)No.4499 of 2025
ORDER
The writ petitioner seeks to quash the impugned refusal check slip issued
by the respondent in RFL/Melapalayam/12/2025, dated 11.02.2025, and to
direct the respondent to register the settlement deed, dated 11.02.2025,
executed by the petitioner in favour of his brother and release the same within
the stipulated time.
2. Heard Mr.H.Arumugam for the petitioner and Mr.R.Sureshkumar,
learned Additional Government Pleader for the respondent.
3. The petitioner claims that he had purchased undivided share measuring
an extent of 55 cents out of a larger extent of 5.55 acres in Old S.No.591,
T.S.No.10181, Ward BP, Block 34, Kulavanigarpuram Village, Palayamkottai
Taluk, Tirunelveli District, in the year 1992. Subsequently, he had mutated
revenue records in his name. Out of natural love and affection for his brother,
he executed a settlement deed, dated 11.02.2025. When the settlement deed was
presented for registration before the respondent, the respondent rejected the
same under the impugned order stating that the total extent available in that
land is 5 acres, and as the entire 5 acres has already been sold out, the execution
of the settlement deed is untenable. Challenging the same, the present writ
petition.
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4. The question of title to the property is not one within the jurisdiction
of the respondent. The power of the respondent not to entertain a document is
covered under Sections 22A, 22B of the Registration Act and Rules 55 and 56
of the Registration Rules. In fact, Rule 55 of the Registration Rules specifically
states that it is not the duty of the Sub Registrar to go into the matters of title.
His enquiry at the time of registration is confined to clauses (a) to (e) covered
under that Rule.
5.This position is no longer res integra. It has been settled by the
judgment of this Court in Subramani vs. Sub Registrar, Rasipuram reported in
(2024)3 MLJ 588. The learned Judge, by following the Judgment in Satya Pal
Anand vs. State of M.P, (2016)10 SCC 767, held that a Sub Registrar, while
registering a document, is not carrying out any quasi judicial act and is bound
by the four corners of the legislation and the rules made therein.
6. The plea of Mr.R.Sureshkumar, learned Additional Government
Pleader that the registration of this document might lead to multiple documents
over the same property, does not hold water for the simple reason that if I
concede the power to the Sub Registrar, then indirectly I will be permitting the
Sub Registrar to conduct an enquiry into title.
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7. In the light of the above clear and categorical verdict of this Court in
Subramani vs. Sub Registrar, Rasipuram (cited supra) and in the light of the
above discussion, I am unable to sustain the impugned order. Hence, the
impugned refusal check slip of the respondent in RFL/Melapalayam/12/2025
dated 11.02.2025 is quashed. There shall be a direction to the respondent / Sub
Registrar to register the settlement deed, dated 11.02.2025, executed by the
petitioner in favour of his brother, within a period of two weeks from today.
8. Call the matter after three weeks for reporting compliance.
20.02.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
skn
To
The Sub Registrar,
Melapalayam,
Tirunelveli.
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V.LAKSHMINARAYANAN, J.
skn
Writ Petition(MD)No.4499 of 2025
20.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 11:34:55 am )
