P.Selvam v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1882 of 2022 And W.M.P.No.2035 of 2022 P.Selvam ... Petitioner Vs.

1.The Inspector General of Registration, Department of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai - 600 028.

2.The Sub - Registrar, Sub Registrar Office, Uthangarai.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the refusal check slip issued by the second respondent herein in Refusal Number RFL / Uthangarai / 91 / 2021 dated 06.09.2021 refusing to register the Settlement Deed dated 25.08.2021 executed by the petitioner in favour of his son Singaravel and quash the same, consequentially direct the second respondent to register the above said settlement deed dated 25.08.2021.

For Petitioner : Mr.S.Sathish Rajan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the refusal check slip issued by the second respondent in Refusal Number RFL / Uthangarai / 91 / 2021 dated 06.09.2021 refusing to register the settlement deed dated 25.08.2021 executed by the petitioner in favour of his son Singaravel and to quash the same, consequentially direct the second respondent to register the above said settlement deed dated 25.08.2021.

2.The case of the petitioner is that the petitioner is the absolute owner of the subject property and he executed settlement deed in favour of his son and presented the same before the second respondent for registration, however, the second respondent refused to register the same and issued the impugned check slip stating that the earlier sale agreement dated 11.02.2002 in respect of the very same property prior to the petitioner's purchase has not been cancelled and another sale deed dated 16.03.1987 has been registered in respect of the very same property. Aggrieved by the same, the petitioner has filed this writ petition.

3.The learned counsel appearing for the petitioner submitted that the petitioner purchased the subject property from one Valarmathi and Natarajan vide sale deed dated 11.12.2008 and the same was registered as document no.4538 of 2008 on the file of the Sub Registrar Office, Uthangarai. Thereafter, he executed settlement deed in favour of his son and presented the same before the second respondent for registration. The learned counsel further submitted that mere reflection of the two documents in the encumbrance certificate is not a bar for the petitioner to settle his property in favour of his son. Hence, the impugned order is not sustainable one.

4.The learned Special Government Pleader appearing for the respondents submitted that there are multiple encumbrances in the subject property. There are different sale deeds and sale agreements in the names of various persons in respect of the very same property. The validity of the document can be decided only by the competent civil Court. Hence, the impugned check slip was rightly issued in terms of Sections 71 and 76 of the Registration Act.

5.For better appreciation, Sections 71 and 76 of the Registration Act are extracted hereunder:

"71. Reasons for refusal to register to be recorded - (1) Every Sub-Registrar refusing to register a document except on the ground that the property to which it relates is not situate within his sub district, shall make an order of refusal and record his reasons for such order in his book No.2 and endorse the words "registration refused" on the document? and, on application made by any person executing or claiming under the document, shall without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No Registering Officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained the document is directed to be registered.

76. Order of refusal by Registrar - (1) Every Registrar refusing - (a) to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or (b) to direct the registration of a document under section 72 or section 75 shall make an order of refusal and record the reasons for such order in his book No.2, and, on application made by any person executing or claiming under the document, shall without unnecessary delay, give him a copy of the reasons so recorded.

(2) No appeal lies from any order by a Registrar under this section, or section 72." 6.Under the Registration Act, the Sub Registrar is vested with the Authority to refuse registering a document, but the only necessity while doing so is that the Sub Registrar should give reasons for not registering the document. In the present case, while refusing to register the document, the second respondent has clearly stated in the impugned refusal check

slip, that there are many encumbrances in the property. Hence it is for the petitioner to clear all the encumbrances. 7.Further, in the recent past, land grabbing activities have increased. One document after another have been registered for the very same property. Hence, this Court is not inclined to interfere with the impugned order. However, this Court grants liberty to the petitioner to approach the competent civil Court to clear the encumbrances made in the subject property. 8.With the above observations, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR pri To 1.The Inspector General of Registration, Department of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai - 600 028.

2.The Sub - Registrar, Sub Registrar Office, Uthangarai.

+1cc to Mr.S.Sathish Rajan, Advocate Sr.8212 +1cc to the Government Pleader Sr.9027 W.P.No.1882 of 2022 And W.M.P.No.2035 of 2022 jpl[co] srg 16/03/2022