Madras High Court
C.Ravi vs The Inspector General Of Registration on 18 November, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.25144 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.25144 of 2024
C.Ravi ... Petitioner
Vs
1.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam, Chennai – 600 028.
2.The District Registrar,
Tanjavur District Registrar Office,
Tanjavur.
3.The Joint I Sub Registrar,
Kumbakonam sub Registrar Office,
Kumbakonam,
Thanjavur. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned check slip passed by the third
respondent in refusal No.RFL/No.1 Sub Registrar
Kumbakonam/108/2024, dated 01.10.2024 and quash the same
and consequently direct the third respondent to register the sale
deed executed by the petitioner, dated 15.08.2024.
For Petitioner : Mr.N.Mohideen Basha
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.25144 of 2024
ORDER
This Writ Petition has been filed challenging the refusal check slip issued by the third respondent dated 01.10.2024, thereby refusing to register the sale deed which was presented for registration by the petitioner on the ground that already the Hon'ble Division Bench of this Court passed an interim order not to register any property belongs to the Tamil Evangelical Lutheran Church, Trichrappalli.
2.The property comprised in T.S.Nos.656, 656/1 and 656/2 situated at Ward No.6, Abimuktheeshwar Keel Street @ Pichai Brahminar Street, Kumbakonam, Tanjavur admeasuring to an extent of 4452 square feet was purchased by the registered sale deed dated 12.04.2024 from the Tamil Evangelical Lutheran Church vide Document No.2038 of 2024 through its power agent. Thereafter, the entire revenue records were mutated in the name of the petitioner. Now, the petitioner decided to sell the said land in favour of one K.Saravanan and executed the sale deed on 15.08.2024 and it was presented for registration before the third respondent. However, the third respondent refused to register the sale deed on the ground https://www.mhc.tn.gov.in/judis 2/8 W.P(MD)No.25144 of 2024 that the interim order passed by the Hon'ble Division Bench of this Court in W.M.P.No.12710 of 2017 in W.P.No.11679 of 2017 thereby issued direction not to register any sale deed in respect of the property belongs to Tamil Evangelical Lutheran Church.
3.The learned counsel appearing for the petitioner would submit that the subject property is no longer owned by the Church. Already, the Church had sold the property in favour of the petitioner and now, the petitioner decided to sell it to a third party. That apart, the Church had executed power of attorney in favour of one Sakthiswaminathan and the same was duly registered on 04.04.2024 vide Document No.1891 of 2024. The said power of attorney had executed a sale deed in favour of the petitioner. That apart, the main Writ Petition itself in W.P.No.11679 of 2017 was dismissed as withdrawn by order dated 27.07.2017. Therefore, no interim order is pending and even then, the third respondent mechanically refused to register the sale deed which was presented for registration.
4.On instructions, Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents would submit https://www.mhc.tn.gov.in/judis 3/8 W.P(MD)No.25144 of 2024 that though the Writ Petition in W.P.No.11679 of 2017 was withdrawn, by order dated 27.07.2017, in view of the Circular issued by the Inspector General of Registration thereby not to register any sale deed in respect of the property owned by the Tamil Evangelical Lutheran Church, the Circular is in force and the third respondent rightly refused to register the sale deed presented for registration.
5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6.On perusal of the interim order would reveal that the third respondent refused to register the sale deed on the only ground that in view of the impugned order passed by the Hon'ble Division Bench of this Court in W.M.P.No.12710 of 2017 in W.P.No. 11679 of 2017 thereby not to register any sale deed in respect of the property owned by the Tamil Evangelical Lutheran Church. Now the main Writ Petition in W.P.No.11679 of 2017 itself was dismissed as withdrawn on 27.07.2017. A similar issue had already been dealt with by this Court in W.P(MD)No.8319 of 2023 and this Court, by order dated 17.04.2024, set aside the impugned order, dated https://www.mhc.tn.gov.in/judis 4/8 W.P(MD)No.25144 of 2024 29.03.2023 and directed the registering authority to register the document which was presented for registration in respect of the property belonged to the Tamil Evangelical Lutheran Church. Though it is under challenge before the Hon'ble Division Bench of this Court, it is pending without any interim order. That apart, the Tamil Evangelical Lutheran Church, by its communication, dated 11.09.2024 in respect of the subject property, had given no objection for registering the document. Though the Tamil Evangelical Lutheran Church had no say in respect of the subject property, the Tamil Evangelical Lutheran Church had already dealt with the subject property in favour of the petitioner and the Tamil Evangelical Lutheran Church had given no objection certificate, the interim order passed by the Hon'ble Division Bench of this Court and the Circular issued by the Inspector General of Registration cannot be a bar for registering any document in respect of the subject property, since it was already registered and thereafter, the sale deed was executed in favour of the petitioner that too through power agent. Already the power of attorney document was registered in favour of the petitioner. In view of the above, the impugned check slip issued by the third respondent cannot be sustained and the same is liable to be quashed. https://www.mhc.tn.gov.in/judis 5/8 W.P(MD)No.25144 of 2024
7.Accordingly, the impugned check slip issued by the third respondent, dated 15.08.2024 is quashed. The petitioner is directed to represent the sale deed for registration before the third respondent and on receipt of the same, the third respondent is directed to register and release the same forthwith.
8.With the above direction, this Writ Petition is allowed. There shall be no order as to costs.
18.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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W.P(MD)No.25144 of 2024
To
1.The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai – 600 028.
2.The District Registrar, Tanjavur District Registrar Office, Tanjavur.
3.The Joint I Sub Registrar, Kumbakonam sub Registrar Office, Kumbakonam, Thanjavur.
https://www.mhc.tn.gov.in/judis 7/8 W.P(MD)No.25144 of 2024 G.K.ILANTHIRAIYAN, J.
ps Order made in W.P(MD)No.25144 of 2024 18.11.2024 https://www.mhc.tn.gov.in/judis 8/8