Velmurughan.R.K v. The Sub Registrar

O R D E R This Writ Petition has been filed challenging the impugned refusal check slip issued by the first respondent dated 29.04.2021 and for a consequential direction to the first respondent to register and release the Deed of Family Arrangement, dated 06.03.2021 with respect to the subject property in Survey No.267/2, under Patta No.119, situated in Sannapuram Village, Thirunageswaram Town Panchayat, Kumbakonam Taluk Thanjavur District.

¶2Heard the learned counsel on either side.

¶3The first respondent has issued the refusal check slip mainly on the ground that the registration of the family arrangement was protested by the second and third respondents. It will be more relevant to look into the nature of protest that was made by the private respondents. For proper appreciation, the same is extracted hereunder:- "ehd; Nkw;gb Kftupapy; trpj;J tUfpNwd;. vdJ jhj;jh ngau; ehuhaz;rhkp MFk;. vdJ jhj;jh ehuazrhkpf;F Nri\ad;>

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fz;zd;> nrz;gfts;sp> fy;ahzp vd;gtu;fs; thupRfs Mthh;fs;. Nkw;gb ehuhazrhkpf;F ,jdbapy; fz;l nrhj;J kw;Wk; gy nrhj;Jf;fs; ,Ue;J tUfpwJ. vdJ jhj;jh fle;j 1966-y; ,we;J tpl;lhu;.

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mtuJ thupRfSf;Fs; tha; nkhopahfTk; fuNthiy %yk; fle;j 25.06.1967-y; ghfk; gpupj;J nfhz;ldu;. me;j fuNthiyg;gb ,jdbapw; fz;l nrhj;J vdJ mg;gh Nri\ad; mtu;fSf;F xJf;fPL nra;ag;gl;lJ. vdJ mg;gh N\i\ad; md;W Kjy; ,jdbapy; fz;l nrhj;ij mDgtk; nra;J te;J 2002-y; ,we;J tpl;lhu;. mjd; gpwF ,jdbapy; fz;l nrhj;J

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Nty;KUfdplk;

Nghypahd Mtzq;fs; %yk; ,jdbapy; fz;l nrhj;jpd; gl;lh ngau; khw;wk; nra;J jw;NghJ 3k; jug;gpdUf;F tpw;gid nra;a Kaw;rp nra;J tUfpw tptuk; vdf;F njupatUfpwJ. NkYk; ,jdbapy; fz;l nrhj;J ehuhazrhkp thupRfSf;F Vw;gl;l ghfgpuptpid gb vdJ mg;gh N\i\aDf;Fk; xJf;fpL nra;ag;gl;L vq;fs; FLk;gj;jpdUf;F kl;LNk cupikahdJ vq;fsJ mDgtj;jpy; ,Ue;J tUfpwJ. MfNt ,jdbapy; fz;l nrhj;ij nghWj;J Nkw;gb gpughfu;> Nty;KUfd; kw;Wk; fypangUkhs; thupRfspd; gj;jpuk; gjpT nra;a jf;fhy; nra;jhy; gj;jpuk; gjpT nra;a Ntz;lhnkd Nfl;Lf;nfhs;fpNwd;."

¶4The first respondent based on the above protest has come to a conclusion that there is no proof to show as to how the property vested upon the legal heirs of Kaliaperumal and therefore, refused to entertain the Family Arrangement Deed.

¶5In the considered view of this Court, the grounds on which the Registering Authority can refuse the registration of a document is dealt with under Rule 55 of the Registration Rules. For proper appreciation, the grounds are extracted hereunder: "(a). That the parties appearing or about to appear before him are not the persons they profess to be;

(b). That the document is forged;

(c). That the person appearing as a representative, assign or agent, has no right to appear in that capacity;

(d). That the executing party is not really dead, as alleged by the party applying for registration; or

(e). That the executing party is a minor or an idiot or a lunatic."

¶6In the instant case, the protest that was raised by the private respondents does not fall under any of the above grounds. The objection raised virtually amounts to questioning the right and title over the property which cannot be gone into by the first respondent. The first respondent is a creature of statute and hence, the jurisdiction of the first respondent should be traceable under the Registration Act and Rules thereunder. If the Act and the Rules do not provide for any such power to the first respondent to go into the issue of right and title over the property, the first respondent cannot refuse to register the document.

¶7In the light of the above discussion, the impugned refusal check slip issued by the first respondent dated 29.04.2021 is hereby quashed. The first respondent is directed to entertain the document presented for registration by the petitioner, if it is otherwise in order. If the second and third respondents have any grievance over the registration of the document and want to safeguard their right and interest, they have to necessarily approach the competent Civil Court and seek for appropriate remedy. Hence such a liberty is granted to the private respondents.

¶8In the result, the Writ Petition is allowed in the above directions. No costs.

15.12.2023 NCC:yes/no Index:yes/no Internet:yes/no TSG To The Sub Registrar, O/o. The Sub Registrar, Thiruvidaimaruthur, Thanjavur District. N.ANAND VENKATESH, J TSG

15.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Velmurughan.R.K. ... Petitioner Vs. 1.The Sub Registrar, O/o. The Sub Registrar, Thiruvidaimaruthur, Thanjavur District. 2.S.Mangaiyarkarasi 3.S.Mohan ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to impugned Refusal Check Slip by the 1st respondent dated 29.04.2021 and quash the same as illegal and unconstitutional and consequently direct the 1st respondent to register and release the Deed of Family Arrangement dated 06.03.2021 in respect of the punja land comprised in S.No. 267/2, under Patta No.119, situated in Sannapuram Village, Thirunageswaram Town Panchayat, Kumbakonam Taluk Thanjavur District. For Petitioner : Mr.S.Balamurugan For R-1 : Mr.A.K.Manikkam, Special Government Pleader For R-2 & R-3 : Mr.S.Rajasekar, for M/s.T.Lajapathi Roy Associates