M.Chinnaraj v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.14592 of 2021 M.Chinnaraj .. Petitioner Vs.
1. The Inspector General of Registration Registration Department, No.100, Santhome High Road, Mylapore, Chennai - 600 004.
2. The Deputy Inspector General of Registration Office of the Dy.Inspector of General of Registration, Coimbatore Region, Kamaraj Road, Race-Course, Coimbatore - 641 018.
3. The Assistant Inspector General of Registration Office of the Assistant Inspector of General of Registration, District Registrar Office, Collectorate Complex, Coimbatore - 641 018.
4. The Sub-Registrar Mettupalayam Sub-Registrar Office, Mettupalayam, Coimbatore District.
5. R.Sundarammal .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent to conduct an enquiry based on the petitioner's protest petition dated 11.05.2021 under the provisions of the Registration Act and Rules and conclude the same within a time stipulated by the Court.
For Petitioner :
Mr.Rajesh Krishnan For M.Pachiyappan For RR1 to 4 :
Mr.Yogesh Kannadasan (Govt.Advocate)
ORDER
The Writ Petition has been filed in the nature of Mandamus directing the 4rd respondent namely, the Sub-Registrar, Mettupalayam, Coimbatore District, to conduct an enquriy based on the petitioner's representation dated 11.05.2021 and conclude the same within a specified time period.
2.The petitioner herein had entered into an agreement of sale with the 5th respondent. It appears that towards the sale, part consideration had also been paid. The sale deed was with respect to quite a large extent of land in various survey numbers. Even the part consideration had been given on two or three separate dates. Total consideration was fixed at Rs.25,00,000/-. Thereafter, when the petitioner applied for Encumbrance Certificate, he found that the 5th respondent had sold part of the land. In view of that circumstance, he had given a representation dated 11.05.2021 calling upon the 4th respondent namely, the Sub-Registrar, Mettupalayam, not to receive any further documents for registration if tendered by the 5th respondent.
3.I am afraid such a direction to consider a representation in that manner cannot be granted. The 4th respondent has an official duty to discharge and to receive documents which are properly stamped and registrable nature. Agreement of Sale Deed which the petitioner has with the 5th respondent is only an agreement which could be specifically enforced by a Court decree. There cannot be any restraint order passed against the Sub-Registrar from even receiving any document. Proper remedy available for the petitioner is to approach the Civil Court seeking performance of the agreement which he entered with the 5th respondent. The holder of an agreement of sale cannot even claim to have a charge or interest over the property under Section 104 of the Transfer of Property Act, 1882. 4.The petitioner may therefore be well advised to approach
the competent Court of civil jurisdiction to address his grievance and to institute the suit in manner known to law provided of course subject to the law and rules governing institution of suits. With the said observation, the Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar smv To
1. The Inspector General of Registration Registration Department, No.100, Santhome High Road, Mylapore, Chennai - 600 004.
2. The Deputy Inspector General of Registration Office of the Dy.Inspector of General of Registration, Coimbatore Region, Kamaraj Road, Race-Course, Coimbatore - 641 018.
3. The Assistant Inspector General of Registration Office of the Assistant Inspector of General of Registration, District Registrar Office, Collectorate Complex, Coimbatore - 641 018.
4. The Sub-Registrar Mettupalayam Sub-Registrar Office, Mettupalayam, Coimbatore District.
+1cc to Mr.M.Pachaiyappan, Advocate, S.R.No.38765 +1cc to the Government Pleader, S.R.No.39089 W.P.No.14592 of 2021 KSM(CO) SU(26/08/2021)