K.M.Raajamanickam v. The District Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.M.Raajamanickam ... Petitioner Vs.
1.The District Registrar (Salem West) Room No.313, Collectorate Building O/o The District Collector Office Salem - 636 001.
2.The Sub-REgistrar Jalagandapuram Sub-Registrar Office Mettur Taluk, Salem District.
3.M.Bhoopathi 4.N.Senthil Kumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, forbearing the 2nd respondent in entertaining and registering any Deeds / Documents in respect of agricultural property Land to an extent of 3.98 Acres, comprised in S.Nos.147/1B, 143/1B, 143/2B, 147/2B, 147/4, 147/3B in Patta No.477, situated at Veerakal Village, Jalagandapuram Taluk, Salem West Salem
District by considering the petitioners objection Letter (Thadangal Manu) dated 31.01.2023.
For Petitioner : Mr.N.Vijaya Baskar For M/s. Law Vision For R1 & R2 : Mr.G.Krishna Raja Additional Government Pleader For R3 : Mr.R.Jothimanian For R4 : Mr.C.Anbu
O R D E R
The writ of mandamus has been filed to forbear the 2nd respondent in entertaining and registering any Deeds / Documents in respect of agricultural property Land to an extent of 3.98 Acres, comprised in S.Nos.147/1B, 143/1B, 143/2B, 147/2B, 147/4, 147/3B in Patta No.477, situated at Veerakal Village, Jalagandapuram Taluk, Salem West Salem District by considering the petitioners objection Letter (Thadangal Manu) dated 31.01.2023.
2. The learned counsel for the petitioner mainly contended that the petitioner has paid part sale consideration and entered into an agreement and
the respondents 3 and 4 in order to cheat the petitioner attempted to register the sale deed in favour of the third party depriving the right of the petitioner. The petitioner submitted an objection letter to the Sub Registrar on 31.01.2023 and the Sub Registrar has not initiated appropriate action and thus, the petitioner is constrained to move the present writ petition.
3. The learned counsel for the respondents 3 and 4 made a submission that the Sub Registrar is incompetent to adjudicate the disputed facts regarding the transaction between the petitioner and the respondents 3 and 4. The Documents are presented properly and therefore, the Registrar is bound to register the same. Thus, the writ petition is to be rejected.
4. The learned Additional Government Pleader appearing on behalf of the respondents1 and 2 raised an objection by stating that Section 17 (1-A) of the Registration Act empowers the Registrar to register the document containing contract to transfer for consideration any immovable property for the purpose of Section (1-A) of the Property Tax, 1882. Therefore, there is no prohibition for the registering authority to receive and register the document. Section 17(1-A) of the Registration Act reads as under:
"[(1-A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of Section 53-A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said Section 53-A.]"
5. When there is no express bar or prohibition, there is no impediment for the Registering Authority to receive the document, which is otherwise in accordance with the procedure and register the same in accordance with the Act and Rules. Since the petitioner could not establish any impediment for prohibition in receiving or registering the document of this nature, the objection may not be considered. More so, a private objection cannot be a bar for receiving and registering a document by the Registrar under the provisions of the Registration Act. Only certain nature of documents are prohibited and objections by certain religious institutions and authorities are alone to be taken into consideration for the purpose of registration and in
respect of private objections need not be considered in the absence of any order / decree from the Competent Court of law. Private objections submitted along with the decree of the Court of law or orders of the Court alone needs to be considered.
6. With these observations, this Writ Petition stands dismissed. No costs.
08.06.2023 Jeni Index : Yes Speaking order To 1.The District Registrar (Salem West) Room No.313, Collectorate Building O/o The District Collector Office Salem - 636 001.
2.The Sub-REgistrar Jalagandapuram Sub-Registrar Office Mettur Taluk, Salem District.
S.M.SUBRAMANIAM, J.
Jeni 08.06.2023