Kalyani Bai v. The Joint -I Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-03-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 7729 of 2025 AND WMP NO. 8685 OF 2025
1. Kalyani Bai
2. BHUVANESWARI 3.Baby Bai 4.Subramani Rao
5. SRINIVASARAO 6.Leela Bai 7.G.Anil Kumar 8.Sunil Kumar 9.Ganesh Rao
10. SUJIRTHA 11.Dhana Bai, 12.Lakshmi Bai, 13.K. Nagendira Rao 14.G. Vani 15.Maheswari Bai, 16.K.L. Manjunath Rao, 17.R. Vijaya, 1/6
18.R.Chethana 19.R.Vinay, 20.K.L.Dhanoji Rao 21.R.Roopa Bai 22.S.Sathyaprasad 23.S.Tanuja 24.E.Anajali Bai 25.M.Ramya 26.M.Barath ... Petitioners Vs The Joint -I Sub Registrar Sub - Registrar Office, Krishnagiri Respondent PRAYER Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the Respondent under Refusal Check Slip dated 31.01.2025 vide Refusal No. RFL/KrishnagiriJoint1/9/25 dated 31.01.2025 and quash the same and consequentially direct the Respondent to register Sale Deed dated 31.01.2025 and return the same relating to the property in S. Nos. 15/6A, 15/6C, 15/6D and 15/7B8, Akkalapuram in Kothepetah Village, Krishnagiri District and pass other or further orders as it may deem fit in the given circumstance of the case For Petitioners : Mrs.A.L.Gandhimathi, Senior 2/6
Counsel for Mr.C.T.Murugappan For Respondent : Mr.B.Vijay Additional Government Pleader
ORDER
This writ petition has been filed challenging the impugned refusal checkslip dated 31.01.2025 issued by the respondent and for a consequential direction to the respondent to register the sale deed dated 31.01.2025 pertaining to the subject properties.
2.
Heard Mrs.A.L.Gandhimathi, learned Senior Counsel for Mr.C.T.Murugappan, learned counsel for the petitioners and Mr.B.Vijay, learned Additional Government Pleader for the respondent.
3. The refusal check slip has been issued by the respondent mainly on the ground that there is a pending suit in O.S.Nos.228 of 2012 and 232 of 2012 on the file of the District Munsif Court, Krishnagiri pertaining to the subject property. That apart, the original title deeds have not been produced and that there is already a registered document in Document No.2825 of 2012 and through the said document, two of the properties in S.Nos.15/6C and 15/7D has already been dealt with.
4. One of the ground that has been put against the petitioners is that there are pending suits in O.S.Nos.228 and 232 of 2012 before the learned District 3/6
Munsif, Krishnagiri. The mere pendency of the suit cannot be a ground to refuse the registration of the documents and at the best, such transaction will be subject to the final result of the suit on the principle of lis pendens. The other ground that has been put against the petitioners is that the original title documents were not produced.
5. Learned Senior Counsel appearing for the petitioner submitted that all the original title documents are available with the petitioners. The last ground that has been put against the petitioners is regarding the earlier document that was registered as Document No.2825 of 2012 wherein two properties were dealt with. The document was put to question as fraudulent document and disciplinary proceedings were also initiated against the Sub Registrar who had registered those documents and the documents itself is now under cloud.
6. In the considered view of this Court, none of the grounds that have been stated in the refusal checkslip can be put against the petitioners. Ultimately the two suits that are pending before the competent civil Courts depend upon the right and title over the property and all the grounds can be raised in those pending suits. It goes without saying that the registration of the documents will be subject to the final result in the suits. Hence, this court is inclined to interfere with the impugned refusal checkslip issued by the respondents dated 31.01.2025 and the same is hereby quashed. There shall be a direction to the respondent to entertain the sale deed executed by the petitioners and register the same, if it is otherwise in order.
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7. In result, this writ petition is allowed. No costs. W.M.P.No.8685 of 2025 seeking permission to file single writ petition is allowed. 07-03-2025 Index:Yes/No To 1.The Joint -i Sub Registrar Sub - Registrar Office, Krishnagiri 5/6
N.ANAND VENKATESH J.
KST 07.03.2025 6/6