Madras High Court
Prabhu vs The Inspector General Of Registration on 27 March, 2025
W.P(MD)No.7035 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Writ Petition(MD)No.7035 of 2025
Prabhu
... Petitioner
Vs
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai.
2.The District Registrar (Admin),
O/o District Registrar Thanjavur,
Thanjavur.
3.The Sub Registrar,
O/o Sub Registrar Vallam,
Vallam Village,
Thanjavur.
4.The Inspector of Police (HQ),
DVAC Chennai,
No.293, M.K.N. Road,
Alandur, Chennai – 600 016.
... 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 leading to the issuance of the impugned Refusal
Check Slip issued by the 3rd respondent herein vide Refusal No.
RFL/Vallam_Thanjavur/162/2024 dated 18.12.2024 and quash the
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W.P(MD)No.7035 of 2025
same and consequently direct the 3rd respondent herein to register
the settlement deed presented by the petitioner within a time frame to
be fixed by this Court.
For Petitioner : Mr.A.Tamil Vanan
For Respondents : Mr.R.Sureshkumar
Addl. Govt. Pleader
(for R1 to R3)
Mr.M.Karunanithi
Govt. Advocate (for R4)
ORDER
This writ petition is filed to quash the impugned Refusal Check
Slip issued by the third respondent vide Refusal No.
RFL/Vallam_Thanjavur/162/2024 dated 18.12.2024 and to direct the
third respondent to register the settlement deed presented by the
petitioner within the stipulated time.
2. The case of the petitioner is that he is the absolute owner of
the property measuring an extent of 4.37 1/4 acres comprised in
S.Nos. 16/6, 23/1, 23/2, 23/3A, 24/1, 24/2, 24/3, 24/4 situated at
Vallam Pudhur Sethi Monnyampatty Village, Thanjavur Taluk and
District. He claims to have purchased the property from one
Shezhiyan by way of a registered document in Doc. No.1424/2009 on
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the file of the Sub Registrar, Vallam. After obtaining prior permission,
he laid the property out into plots. He decided to settle the plot Nos.34
to 63 in favour of his brother. Accordingly, a settlement deed was
prepared on 18.12.2024, and the same was presented for registration.
The third respondent issued the impugned refusal check slip on the
ground that the subject matter property is covered by a letter issued
by the Director of Vigilance and Anti-Corruption. In addition, he
called upon the petitioner to produce the original document relating to
the aforesaid property. Aggrieved by the same, the petitioner has
come forward with the present writ petition.
3. Considering the fact that the affidavit discloses that the
property is the subject matter of the Vigilance and Anti-Corruption
enquiry, I directed Mr.R.Sureshkumar, learned Additional
Government Pleader, to take notice for the respondents 1 to 3 and
Mr.M.Karunanithi, learned Government Advocate, to take notice for
the fourth respondent and to get instructions. I posted the matter
today for the respondents to give instructions and for hearing.
4. Mr.R. Sureshkumar reports that on account of a letter sent
by the Director of Vigilance and Anti-Corruption, the third respondent
decided not to proceed further with the registration. He points out
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that on 07.11.2024, the District Registrar (Admin) had informed all
the Sub Registrars in Thanjavur, including the third respondent, that
Mr.R. Vaithialingam is being enquired by the Directorate of Vigilance
and Anti-Corruption, and therefore, the Sub Registrars in Thanjavur
should send the certified copy of the documents standing in the name
of the said individual to the office of the second respondent. Hence,
the third respondent had refused to register the same.
5. Mr.M.Karunanithi has produced written instructions from the
Deputy Superintendent of Police, Vigilance and Anti-Corruption,
Thanjavur, dated 27.03.2025. In the said instructions, it is stated
that the Director of Vigilance and Anti-Corruption had sent a
requisition letter to the District Registrar, Thanjavur, to furnish the
certified copies of the documents, if any, registered in the name of the
accused and his family members during the check period, i.e.,
16.05.2011 to 31.03.2016. It is further stated that the Director of
Vigilance and Anti-Corruption was informed about the property
details by the District Registrar, Thanjavur, enclosing certified copies
of the documents on 29.11.2024. The instructions state that the
purchase made by the writ petitioner is outside the check period.
Therefore, no requisition had been sent to the Registration
Department seeking to restrain the registration of the property that is
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the subject matter of the writ petition. The Deputy Superintendent of
Police further instructed that he has no objection for alienation of the
property that is the subject matter of this case.
6. I have carefully considered the submissions of
Mr.A.Tamilvanan for the petitioner, Mr.R.Sureshkumar, learned
Additional Government Pleader, for the respondents 1 to 3, and
Mr.M.Karunanithi, learned Government Advocate, for the fourth
respondent.
7. It is not in dispute that the petitioner had purchased the
property in the year 2009, much before the registration of the case in
Crime No. 5 of 2024 on the file of the Vigilance and Anti-Corruption
Department, Thanjavur. The purchase was made on 12.06.2009, and
the check period is from 16.05.2011 to 31.03.2016.
8. The police, including the Department of Vigilance and Anti-
Corruption, are not empowered by law to issue letters restraining the
registration of the document. They have to approach the
jurisdictional court or tribunal or competent authority under the
relevant State or Central statute and obtain the orders for attachment.
Therefore, the police cannot issue a letter or communication to the
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Sub Registrar not to register a document. This position of law has
been settled by the judgment of this court in R.Madhupriya vs.
Inspector General of Registration, 2020 SCC Online Madras
20112.
9. The Department of Vigilance and Anti-Corruption, at no point
of time, called upon the third respondent not to register the document
pertaining to the writ petitioner, who is the second accused in Crime
No. 5 of 2024. It merely asked for details of the documents standing
in the name of the accused. Therefore, the second reason given in the
refusal check slip necessarily has to be interfered with.
10. Insofar as the first reason is concerned, the third
respondent has demanded the production of the parent document of
the property. A Division Bench of this court in P.Pappu Vs. Sub
Registrar, Rasipuram [2024 (5) CTC 575], has concluded that there
is no necessity to produce the original of the parent deed at the time
of registration. The view taken by the Division Bench in Pappu's case
found acceptance by the Supreme Court, with the dismissal of the
special leave petition, preferred by the State against the order of the
Division Bench.
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11. In the light of the above discussion, the impugned refusal
check slip in Refusal No. RFL/Vallam_Thanjavur/162/2024 dated
18.12.2024 on the file of the third respondent is quashed. The writ
petition is allowed. There shall be a direction to the third
respondent/Sub Registrar to register the settlement deed presented by
the petitioner. The said exercise shall be completed within a period of
two weeks from the date of uploading of this order. No costs.
27.03.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
skn
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai.
2.The District Registrar (Admin),
O/o District Registrar Thanjavur,
Thanjavur.
3.The Sub Registrar,
O/o Sub Registrar Vallam,
Vallam Village,
Thanjavur.
4.The Inspector of Police (HQ),
DVAC Chennai,
No.293, M.K.N. Road,
Alandur, Chennai – 600 016.
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V.LAKSHMINARAYANAN, J.
skn
Writ Petition(MD)No.7035 of 2025
27.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/04/2025 04:35:30 pm )
