Madras High Court
T. Athisayaraja vs The Deputy Inspector Of General Of ... on 13 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.19978 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.19978 of 2018
1. T. Athisayaraja
2. A. Dhanalakshmi
... Petitioners
Vs
1. The Deputy Inspector Of General of Registration,
Integrated Complex of Registration Dept, St. Marks Street,
Near Sankar Colony, Behind John HSS School, Thirunelveli.
2. The Sub-Registrar,
Sathankulam, Office of the Sub-Registrar,
Nos.8,9,10, Swami Sannathi St.,
Sathankulam Tk., Tuticorin District -628 704.
3. The Sub-Registrar, Thovalai,
Office of the Sub-Registrar, No.1/19A,
Opp. to Government Higher Secondary
School, Main Road, Thovalai,
Kanyakumari District.
*4.Kanagaraj
(4th respondent impleaded as per order of this Court,
dated 13.08.2024)
... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19978 of 2018
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the 2 nd respondent in Check Slip
date 5.9.2018 and quash the same and further directing respondents to receive the
Rectification Deed, dated 4.9.2018 and to register the same.
For Petitioner : Mr.M.P.Senthil
For Respondents : Mr.M.Siddharthan (R1-R3)
Additional Government Pleader
Mr.M.Krishna Sreetharan (R4)
ORDER
This Writ Petition has been filed challenging the impugned order passed by the 2nd respondent in Check Slip, dated 5.9.2018 and to direct the respondents to receive the Rectification Deed, dated 4.9.2018 and to register the same.
2.Heard Mr.M.P.Senthil, the learned counsel appearing for the petitioner, Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents 1-3 and Mr.M.Krishna Sreetharan, learned counsel appearing for the 4th respondent. Perused the materials available on record. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19978 of 2018
3.It is the case of the writ petitioners that the impugned order has been passed by the respondents to return the rectification deed presented by the petitioners. It is the case of the petitioners that the first petitioner has executed a settlement deed (Doc.No.1298/2009) in favour of the 2nd petitioner on 21.07.2009 in respect of 4 items of properties. The 3rd item of the property admittedly situated within the jurisdiction of the 3rd respondent. However, the document is registered on the file of the 2nd respondent. On receipt of the complaint claiming right over the 3rd item of property, a criminal case has also been registered as against the petitioners. Therefore, now the petitioners want to delete the aforesaid property. When they presented the rectification deed before the 2nd respondent, it was rejected citing the reason that the 3rd item of property situated within the jurisdiction of 3rd respondent. Therefore, the rectification deed has not been registered. Challenging the same, this writ petition has been filed.
4.The learned counsel for the respondent 4th respondent submitted that mere rectification deed will not suffice and by way of rectification settlement deed cannot be cancelled.
5.The learned counsel for the petitioners submitted that they have 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19978 of 2018 prepared to cancel the settlement deed in respect of item no.3 registered in Doc.No.1298/2009. In that case, the gift deed executed in favour of the second petitioner can be cancelled by both of them, if they joined together and executed the document. Hence, seeks for a direction.
6.As rightly contented by the learned counsel for the 4th respondent that the rectification is only meant to correct the bonafide errors in respect of survey number, boundary and not otherwise.
7.In such view of the matter, it is for the petitioners to cancel the settlement deed with the consent of the 2nd respondent in respect of item no.3. If any such cancellation deed is presented before the 2nd respondent, the same shall be registered and cannot be refused citing that particular property is not situated within the jurisdiction of second respondent. After registration of such document, the 2nd respondent shall forward the copy of the same to the third respondent as contemplated under Section 65 & 66 of Registration Act, 1908. 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19978 of 2018
8.With the above directions, this writ petition stands disposed of. No costs.
13.08.2024 NCC : Yes/No Index : Yes/No PNM To
1. The Deputy Inspector Of General of Registration, Integrated Complex of Registration Dept, St. Marks St.,Near Sankar Colony, Behind John HSS School, Thirunelveli.
2. The Sub-Registrar, Sathankulam, Office of the Sub-Registrar, Nos.8,9,10, Swami Sannathi St., Sathankulam Tk., Tuticorin District -628 704.
3. The Sub-Registrar, Thovalai, Office of the Sub-Registrar, No.1/19A, Opp. to Government Higher Secondary School, Main Road, Thovalai, Kanyakumari District.
5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19978 of 2018 N.SATHISH KUMAR, J.
PNM ORDER IN W.P.(MD)No.19978 of 2018 13.08.2024 6/6 https://www.mhc.tn.gov.in/judis