S.K.Sundaram v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10663 OF 2019 S.K.Sundaram ... Petitioner .Vs.

1. The Inspector of General of Registration, Santhome High Road, Chennai - 600 028.

2. The Sub-Registrar, Annur Taluk, Coimbatore District.

3. A.Saravanan (R3 impleaded vide order dated 24.04.2019 in W.M.P.No.12425 of 2019 in W.P.No.10663 of 2019) ... Respondents PRAYER:- 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 to call for the records pertaining to the order made by the 2nd Respondent in his proceeding RFL/Annur/4/2018 dated 25.10.2018 and quash the same and consequently direct the 2nd respondent to register the sale deed presented by the Petitioner on 25/10/2018 in respect of 1247.0 Survey No.239/3E, Machakuvundan Palayam Village, Annur Taluk, Coimbatore District.

For Petitioner :

M/s.P.A.Saigovindaraja For Respondents :

Mr.Yogesh kannadasan Special Government Pleader For R1 & R2 M/s.K.Balasubramaniam For R3

O R D E R

The present petition has been filed seeking the relief of quashment of the impugned order dated 25.10.2018 passed by the 2nd Respondent and a direction to the 2nd respondent herein to register the sale deed dated 25.10.2018 presented by the petitioner in respect of the subject property.

2. It is the case of the petitioner that the petitioner and his sister are engaged in the business of selling plots, and they owned the vast extent of land admeasuring about 263 acres comprised in survey No.239/3E situated in Machakuvundan Chettipalayam Village, Annur Taluk, coimbatore District. During the course of their business, they sold one of the plots to one Senthilkumar, for which the, sale deed was entered into on 24.10.2018. When the sale deed was presented for registration before the 2nd Respondent/Sub-Registrar, the 2nd Respondent had refused to register the same vide the impugned Refusal Check Slip dated 25.10.2018 without any valid reason. Challenging the impugned Refusal Check Slip, the petitioner has come before this Court seeking the aforesaid relief.

3. Learned counsel for the petitioner submits that, in the absence of any restraint order for registration of the document from any Court or Competent Authority, the 2nd Respondent has no authority to reject the petitioner's claim for registration. Further, the impugned Refusal Check Slip issued by the 2nd Respondent having failed to reveal the basis on which the petitioner's claim has been rejected, is wholly unsustainable. Further, merely an objection raised by the 3rd Respondent cannot be a ground for rejection of the petitioner's claim for document registration. Hence, the Check Slip impugned in this Writ Petition is liable to be set aside and this Writ Petition may be allowed.

4. Learned Special Government Pleader appearing for Respondents 1 & 2 fairly concedes that the Refusal Check Slip impugned is bereft of any valid reasoning. However, he submits that the matter may be remanded to the Registering Authority for passing orders in accordance with law.

5. Heard the learned counsel on the either side and perused the materials available on record.

6. A perusal of the Refusal Check Slip impugned in this Writ Petition reveals that no reason has been given as to why the claim of the petitioner for registration of the document has been rejected which reveals the total non-application of mind. Further, in the absence of any restraint order against the

2nd Respondent, in respect of the subject property, from any Court or Competent Authority, there is no bar for the 2nd Respondent to register the document in respect of the subject property. Further, so long as the document satisfies the provisions of Section 17 & 18 of the Registration Act, the Registering Authority is bound to register the same on payment of necessary stamp duty and registration charges. In such view of the matter, this Court is inclined to set aside the impugned slip issued by the 2nd Respondent and the same is accordingly set aside. Further, the 2nd Respondent is directed to entertain the document presented by the petitioner, along with necessary stamp duty and registration charges and register the same.

7. This Writ Petition is allowed with the aforesaid direction. No costs. Liberty is granted to the 3rd Respondent herein to workout the remedy in the manner known to law, if so advised.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar NHS To 1.

The Inspector of General of Registration, Santhome High Road, Chennai - 600 028.

2.

The Sub-Registrar, Annur Taluk, Coimbatore District.

+1cc to M/s.P.A.Saigovindaraja, Advocate, S.R.No.31001 +1cc to M/s.K.Balasubramaniam, Advocate, S.R.No.29984 +1cc to the Government Pleader, S.R.No.31057 W.P.NO.10663 OF 2019 PL(CO) PBS/13/06/2022