R.Rajalakshmi v. The Inspector General Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.20973 of 2023 R.Rajalakshmi ... Petitioner Vs.

1. The Inspector General Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Rajaannamalai Puram, Chennai-28.

2.The District Registrar, Chennai North, Kuralagam, Chennai-600 108.

3.The Sub-Registrar, Registration Department, Ambattur Sub-Registrar Office, Ram Nagar, Ambattur, Chennai-53.

4.B.Shantha, 5.V.Nirmala 6.N.Mani 7.V.Vasantha 1/6

8.V.Ravikumar 9.K.Malarvizhi 10.E.Uma Maheswari 11.V.Nandha Kumar 12.V.Sridhar, 13.Soundarya 14.Suresh 15.Gomathi ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 3rd respondent to take up the petitioner Protest Application dated 29.01.2021 on file and for the consequential direction not to register any kind of documents pertaining to the properties covered under Partition Deed dated 15-06-2011 registered as Document No.5392 of 2011 without obtaining No Objection from the petitioner.

For Petitioner : Mr.J.Ashok for Mr.B.Logendiran For Respondents :

(for R 1 to R3) : Mr.D.Ravichander Special Government Pleader 2/6

O R D E R

The relief sought in the present writ petition is to direct the third respondent to take up the petitioner's Protest Application dated 29.01.2021 on file and for the consequential direction not to register any kind of documents pertaining to the properties covered under Partition Deed dated 15-06-2011 registered as Document No.5392 of 2011 without obtaining No Objection from the petitioner.

2.The petitioner states that the properties belonging to her family was illegally dealt with by the legal heirs of her brothers. Certain documents were registered behind the back of the petitioner depriving her right of share in the father's property. In this regard, the petitioner submitted an application to the Sub Registrar to refuse registration by conducting an enquiry.

3.The Sub Registrar / Registering Authority is not empowered to entertain any such Protest Petition from the private persons and adjudicate the same for the purpose of refusal of the registration under the provisions of the Registration Act. Objection Petitions can be entertained only if it is 3/6

falling within the ambit of Section 22(A) of the Registration Act, i.e., objections by Government Departments and religious institutions, in respect of the private objections, the parties have to approach the Civil Court of law and in the event of furnishing any orders from the competent Court of law, the Registering Authority has to act accordingly. 4.Section 22(A) of the Registration Act provides that the Government Departments or the religious institutions are empowered to submit their objections for refusal of the registration in certain circumstances. However, the objections submitted by the private parties cannot be considered for the purpose of refusing registration by the Registering Authority under the provisions of the Registration Act. 5.

The option left open to the private parties is to approach the competent Civil Court of law to establish their civil rights and if any interim order or final decree has been passed, the said orders may be produced before the Registering Authority for its implementation.

involves civil rights between the parties which all are to be adjudicated in the manner known to law. Thus, the petitioner is at liberty to approach the competent Court of law.

6.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(sha) 21.07.2023 Index : Yes Speaking Order To

1. The Inspector General Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakka, Rajaannamalai Puram, Chennai-28.

2.The District Registrar, Chennai North, Kuralagam, Chennai-600 108.

3.The Sub-Registrar, Registration Department, Ambattur Sub-Registrar Office, Ram Nagar, Ambattur, Chennai-53.

5/6

S.M.SUBRAMANIAM . J., (sha) 21.07.2023 6/6