S.Lakshmiy v. Sub Registrar-Panruti
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.16841 of 2023 S.Lakshmiy ... Petitioner Vs 1.Sub Registrar - Panruti Registration Department Kumbakonam Road Near Police Station, Panruti - 607 106 2.Inspector General of Registration Registration Department 100, Santhome High Road, Mullima Nagar Mandavelipakkam, Raja Annamalaipuram Chennai, Tamil Nadu 600 028 3.G.V.Babu @ Sudarshan (R3 impleaded vide order 26.09.2023 in WMP No.27639 in W.P. No.16841/2023 by SMSJ) ... Respondents Page 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 06.04.2023 (but the Sub Registrar has wrongly stated the order dated 16.04.2023) passed by the first respondent Sub Registrar refusing to register the pending document No.14 of 2023 on the file of SRO, Panruti by quashing the same and also direct the first respondent to register the document and return the document to the petitioner after completing all registration formalities.
For Petitioner : Mr.R.Manickavel For Respondents : Mr.L.S.M.Hasan Fizal Addl. Govt. Pleader for R1 & R2
O R D E R
Challenge has been made to the impugned order of the first respondent in refusing to register the settlement deed presented by the petitioner on the ground that the survey number does not tally and that there is a joint patta and the parties are directed to get a fresh patta. Page 2/6
2. It is the contention of the petitioner that her father has acquired the property in a partition deed dated 16.03.1969. After the death of petitioner's father, the petitioner presented a document for settlement in favour of her eldest sister but the same was refused to register on the ground that the patta is in the joint names and the boundaries are not tallying.
3. The respondents have not chosen to file any counter affidavit has not been filed. Heard both sides and perused the materials available on record.
4. Upon perusal, this court finds that the very order has been passed by the first respondent as if the Sub Registrar is sitting as a civil Judge. When the petitioner has shown their title from the year 1969 and the manner in which they derived title and they have been the legal heirs of her father and presented the settlement deed in favour of one of the siblings, it is not for the authorities to decide the title. This issue has already been held in Subrmani vs. The Sub Registrar, Rasipuram in W.P. No.11056 of 2024 dated 26.04.2024. Page 3/6
5. In such view of the matter, the impugned order dated 06.04.2023 passed by the first respondent, namely the Sub Registrar, Panruti, stands quashed. The first respondent is directed the register the pending document No.14 of 2023, within a period of 10 days from the date of receipt of a copy of this order.
6. The writ petition is allowed on the above lines. No costs. 14.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No Asr To 1.Sub Registrar - Panruti Registration Department Kumbakonam Road Near Police Station, Panruti - 607 106 2.Inspector General of Registration Registration Department 100, Santhome High Road, Mullima Nagar Mandavelipakkam, Raja Annamalaipuram Chennai, Tamil Nadu 600 028 Page 4/6
3.The Government Pleader High Court, Madras Page 5/6
N.SATHISH KUMAR , J.
Asr W.P.No.16841 of 2023 14.06.2024 Page 6/6