Veeramanikandan v. The Joint Sub Registrar No.I (In Charge)

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.A.No. 2077 of 2024 and C.M.P.No. 14657 of 2024 Veeramanikandan ...Appellant Vs.

1.The Joint Sub-Registrar No.I, (in charge) Cuddalore.

2.The Revenue Tahsildar, Cuddalore, Cuddalore District.

3.The Tahsildar, Cuddalore, Cuddalore District.

4.V.Valli 5.V.Raja

...Respondents

Prayer: Writ Appeal filed under Clause 15 of the Amended Letters Patent, against the order dated 18.04.2024 made in W.P.No.34772 of 2022. 1/4

For Appellant : Mr.Prakash Adiapadam For Respondents : Mr.L.S.M.Hasan Faizal Additional Government Pleader for R1 Mr.A.Selvendran Special Government Pleader for R2 & R3

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The appellants wanted to invest the jurisdiction of a Civil Court in a Sub-Registrar who is an ordinary Officer vested with duties of registering instruments. The Sub-Registrar also readily usurped the jurisdiction of a Civil Court and determined the nature of a Patta as well as the rights of parties in immovable property. This was questioned by the 4th & 5th respondents before the Writ Court. The Writ Court rightly came to the conclusion that the Sub-Registrar has no right to refuse to register a document on the ground that a protest petition has been lodged in violation of the substantive provisions of the Transfer of Property Act,1882. 2/4

2. We do not see any reason to interfere with the order of the learned single Judge. This Writ Appeal is therefore, dismissed. We make it clear that any of the observations made in the order of the learned single Judge made in the Writ Petition or in our order will not affect the rights of the appellants herein, if they chose to seek to establish their rights before the competent Civil Court. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M., J.) (R.S.V., J.) 16.07.2024 kkn Internet:Yes Index: No Speaking 3/4

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

KKN To:- 1.The Joint Sub-Registrar No.I, (in charge) Cuddalore.

2.The Revenue Tahsildar, Cuddalore, Cuddalore District.

3.The Tahsildar, Cuddalore, Cuddalore District.

W.A.No. 2077 of 2024 and C.M.P.No. 14657 of 2024 16.07.2024 4/4