Madras High Court
T.R.S.Chitra vs The Sub Registrar on 28 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.13567 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.13567 of 2024
T.R.S.Chitra ... Petitioner
Vs
1.The Sub Registrar,
Office of the Sub Registrar,
Kariapatti,
Virudhunagar District.
2.P.Thangavel
3.T.Veena ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus calling for the
records relating to the refusal check slip bearing No.
RFL/Kariapatti/4/2024 dated 29.05.2024 passed by the first
respondent herein and quash the same and consequently direct the
first respondent to register the sale deed dated 27.05.2024
presented by the petitioner for registration based on the documents
relating to the ownership of the vendor viz., Pandian Motors Private
Limited of the petitioner herein with respect to the sale of an extent
of 3.37 acres (8.32.39 hectres) situated in S.No.105/18 (1.29
acres), 105/2 (2.08 acres) bearing Patta No.454 in Mangulam
Achupillyarenthal Village, Kariapatti Sub-Registration, Virudhunagar
District.
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W.P(MD)No.13567 of 2024
For Petitioner : Mr.S.Kadarkarai
For R – 1 : Mr.M.Sarangan
Additional Government Pleader
For RR 2 & 3 : Mr.S.Ramesh
ORDER
This Writ Petition has been filed by the petitioner
challenging the refusal check slip issued by the first respondent
dated 29.05.2024 thereby refusing to register the sale deed which
was presented for registration in respect of the property comprised
in Survey No.105/1B to an extent of 1 acre 29 cents and the
property comprised in Survey No.105/2 to an extent of 2 acres 8
cents situated at Mangulam Achupillyarenthal Village, Kariapatti,
Virudhunagar District on the ground that in respect of the very
same property there is power of attorney executed in favour of the
third respondent.
2.The petitioner as vendor M/s.Pandian Motors Private
Limited owned the property comprised in Survey No.105/2 to an
extent of 2 acres 8 cents situated at Mangulam Achupillyarenthal
Village, Kariapatti, Virudhunagar District. In turn, the petitioner's
vendor intended to sell the same in favour of the petitioner and the
petitioner had purchased the same for valid sale consideration on
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27.05.2024 and the same was presented for registration before the
first respondent. However, it was refused to register the same on
the ground that the subject property was already dealt with by the
second respondent by execution of power of attorney in favour of
the third respondent who is none other than the wife of the second
respondent.
3.The learned counsel appearing for the petitioner would
submit that fraudulently the second respondent claimed title over
the subject property and had executed power of attorney in favour
of the third respondent. The petitioner's vendor already filed a suit
in O.S.No.317 of 2009 on the file of the Additional District Munsif
Court, Aurppukottai as against the second respondent for
declaration in respect of the subject property and the same was
decreed in favour of the petitioner's vendor by judgment and decree
dated 16.12.2022. That apart, on receipt of several complaints, the
first respondent/the Sub-Registrar issued notice to the petitioner for
enquiry dated 01.06.2022. It was challenged before this Court by
the second respondent in W.P(MD)No.12565 of 2022. This Court by
order dated 19.09.2024 though quashed the notice issued by the
Sub-Registrar, this Court held that unless and until the rights of the
property in respect of the subject property is established before the
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civil Court or atleast permission is granted by the civil Court, the
second respondent cannot deal with the subject property on the
basis of power of attorney executed in favour of the third
respondent. Therefore, the first respondent ought not to have
refused to register any sale deed in respect of the subject property
on the strength of the power of attorney executed by the second
respondent in favour of the third respondent.
4.In view of the above, the refusal check slip issued by
the first respondent dated 29.05.2024 cannot be sustained and it is
liable to be quashed. Accordingly, the same is quashed. The
petitioner is directed to represent the sale deed for registration
before the first respondent and on receipt of the same, the first
respondent is directed to register the sale deed and release the
same forthwith, if it is otherwise in order. Accordingly, this Writ
Petition is allowed. There shall be no order as to costs.
28.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis
To
The Sub Registrar,
Office of the Sub Registrar,
Kariapatti,
Virudhunagar District.
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G.K.ILANTHIRAIYAN, J.
ps
Order made in
28.01.2025
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