Madras High Court
Manimegalai vs The Inspector General Of Registration on 3 November, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.24348 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.11.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.24348 of 2022
Manimegalai ... Petitioner
Vs
1. The Inspector General of Registration,
No.100 Santhome High Road,
Mylapore, chennai- 600 028.
2. The Deputy Inspector General of Registration,
Sub- Registrar office,
Saidapet 3rd Phase, Arulayiammanpet,
SIDCO Industrial Estate, Guindy,
Chennai- 600 032.
3. The Sub Registrar,
office of the Registrar office,
Marakkanam.
4. The Executive Officer,
Office of the Town Panchayat,
Marakkanam, Villupuram District. ...
Respondents
Petition filed under Article 226 of the Constitution of India praying for the
issuance of a Writ, order or direction in the nature of Writ of Certiorarified
Mandamus Calling for the records of the 3rd respondent herein culminating in
the order of refusal No. RFL / Marakkanam / 7 / 2022, dated 25.08.2022 and
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W.P.No.24348 of 2022
quash the same and further direct the 3rd respondent herein to register the sale
deed presented by the petitioner herein.
For Petitioner ... M/s. S.Seenuvasan
For Respondent ... Mr. E.Vijay Anand, AGP RR1 to 3
Mr.M.Shajahan, SGP R4
ORDER
The present petition has been filed seeking the relief of quashment of the impugned order passed by the 3rd respondent herein culminating in the order of refusal No. RFL / Marakkanam / 7 / 2022, dated 25.08.2022 and further direct the 3rd respondent herein to register the sale deed presented by the petitioner herein.
2. Mr. E.Vijay Anand, learned Additional Government Pleader takes notice for the respondents 1 to 3 and Mr.M.Shajahan, learned Spl. Government Pleader takes notice for the 4th respondent.
3. It is the case of the petitioner that the petitioner is the owner of the house site plot was classified as Natham comprised in S.No.1020/2, New S.No.481 measuring an extent of 2856 sq. ft. in Marakkanam Village, within Page No:2/8 https://www.mhc.tn.gov.in/judis W.P.No.24348 of 2022 the registration district of Villupuram District and Sub-Registration district of Marakkanam and she purchased the above said plots from one Subrmani Pillai vide sale deed dated 31.08.1998. The petitioner is absolute possession and enjoyment of the above said lands and all the revenue records pertaining to the said property stands in the name of the petitioner. In such circumstances, after perusal of all the documents pertaining to the said lands one Punniyakotti came forward to purchase the above said plot. On 25.08.2022, after making necessary arrangements, the petitioner presented the document for registration before the 3rd respondent and the same was refused to register on the ground that the above said land was gifted to the Marakanam Town Panchayat. Challenging the said refusal check slip dated 25.08.2022, the petitioner has filed the present writ petition.
4. Learned counsel for the petitioner submits that in order to grab the above said property, the 4th respondent has made a false complaint to the 3rd respondent. Without conducting an enquiry, the 3rd respondent regused to register the said document in favour of Punniyakotti and the same is in total violation. The above said land was never gifted to the Marakkanam Town Panchayat and no revenue records is available to establish in favour of the 4 th Page No:3/8 https://www.mhc.tn.gov.in/judis W.P.No.24348 of 2022 respondent. In the absence of any revenue records or restrained order from any of the Court, the third respondent refused to register the said sale deed is non- est in law and issued refusal check slipt and the same is liable to be quashed and this Writ Petition may be allowed.
5. Learned Additional Government Pleader appearing for the official respondent herein submits that based on the objection made by the local people, the 4th respondent conducted a field inspection and filed a report stating that the above said disputed land is shown as a road in the layout named as Vedhagiri Nagar an old unapproved layout and the town panchayat has constructed rain water drain on the said land and requested the respondent not to register any document under his letter No.A1/107/2022 dated 23.08.2022. Accordingly the 3rd respondent has rightly passed the impugned order refusing to register the sale deed presented by the petitioner and the same cannot be found fault with and therefore, the order impugned in this Writ petition needs no interference of this Court and deserves to be dismissed.
6. Heard the learned counsel on the either side and perused the materials available on record.
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7. The issue in this case no longer res integra as the similar issue was considered by this Court in the case of Vadamugam Vellode NalukaraiNattu Goundergal Sangam Vs Inspector General of Regisration, 2021 (1) CTC 535 in W.P.No.12585 of 2020 & W.M.P.Nos.15518 & 15521 of 2020. The relevant portion of the order is extracted under as:
10. The 5th Respondent has approached the Civil Court and he has file O.S.No.48 of 2019, seeking for the relief of Partition and separate posession of 1/27 th share in the Suit properties. It is also seen that the 5 th Respondent has filed yet another Suit in O.S.No.58 of 2017 in which kshe has claimed for the relief of Permanent Injunction restraining the Defendants not to alienate the Suit Properties. In both the Suits, there is no Order passsed by the Competent Civil Court injuncting from dealing with the Suit properties. What the 5th Respondent was not able to achieve before the Civil court is now sought to be achieved through the 3rd Respondent by virtue of a Letter given before this Court, dated 21.02.2020. The 3rd Respondent is a Statutory Authority, who has to strictly perform his function in accordance with law. This Court exercising its jurisdiction under Article 226 of Constitution of India can never prevent a Statutory Authority from performing his function. Therefore unless and otherwise a Competent Civil Court passes any Interim Order restraining the alienation of the property, the 3rd Respondent has to entertain the documents and register the same, if it is otherwise in order. Ultimately, even if the suit is decreed, the transaction will be subject to the Rule of les pendens.
There is no law in force which says that no transaction can Page No:5/8 https://www.mhc.tn.gov.in/judis W.P.No.24348 of 2022 take place during the pendency of the suit. That is exactly why Section 52 of the Transfer of Property Act, provides a solution for transactions that take place during the pendency of the suit.
11. In view of the above discussion, the impugned Letter of the 3rd Respondent, dated 21.02.2020 is hereby quashed and the 3rd Respondent is directed to entertain the documents submitted for registration and register the same, it it is otherwise in order. It goes without saying that the necessary Stamp Duty and Registration Fee will be paid at the time of submitting the document for registration.
12. This Writ Petition is accordingly allowed. No Costs. Consequently, the connected Miscellaneous Petitions are closed.
8. It is the claim of the petitioner that the above said disputed land is owned by the petitioner. When the petitioner presented a document for registration before the 3rd respondent in respect of the subject property, the 4 th respondent has made a complaint against the petitioner and that itself cannot be a bar for registration of the document related to the very same property, however, the 4th respondent has not produced any proof or title with regard to the subject property. Considering the facts and circumstances of the present case on hand, this Court is of the view that in the absence of any restrained order from the any of the Court or title in respect of the subject property, the Page No:6/8 https://www.mhc.tn.gov.in/judis W.P.No.24348 of 2022 refusal to register the document is not sustainable.
9. Accordingly, this Writ Petition is allowed in the above terms and the third respondent/Sub Registrar, Marakkanam, is directed to entertain the document on payment of necessary stamp duty and registration charges, if there is no restrained order passed and if there is no legal impediment, within a period of six weeks from the date of receipt of a copy of this order. No Costs.
03.11.2022 rli Index:Yes/No Internet:Yes Speaking/Non-Speaking order To 1 The Sub Registrar Redhills Sub Registrar Office, Redhills.
Chennai 52.
2 The Sub-Registrar, Manavala Nagar Sub Registrar Office, Redhills, Chennai 52 3 The Inspector of Police, District Crime Branch, Tiruvallur District. Page No:7/8 https://www.mhc.tn.gov.in/judis W.P.No.24348 of 2022 M.DHANDAPANI, J.
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