Ponnusamy v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Ponnusamy ... Petitioner Vs.

The Sub Registrar, Pallipalayam Sub Registrar Office, Pallipalayam, Namakkal District.

... Respondent Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Check Slip No.RFL/ Pallipalayam/ 36/ 2023 dated 5.06.2023 passed by the respondent and quash the same and consequentially issue direction directing the respondent to register the settlement deed dated 05.06.2023 presented by the petitioner. For Petitioner : Mr.A.Yogaraj For Respondent : Mr.D.Ravichander Special Government Pleader 1/4

O R D E R

The impugned refusal check slip dated 05.06.2023 is sought to be quashed in the present writ petition.

2. The petitioner states that he is the owner of the property in Old S.F.No.66, New S.F.No.66/2, situated at Pallipalayam Agraharam Village, Namakkal District. He purchased the subject property by way of Court Auction Sale conducted on 23.12.2004 and the sale certificate was issued in his favour on 29.3.2005.

3. The petitioner presented a settlement deed for registration and the Registering Authority refused to register on the ground that a Civil Suit instituted in O.S.No.374 of 2022 is pending and in the said suit, the Sub Registrar has also been impleaded as defendant. In the absence of an order from the Civil Court, mere institution of a Civil Suit is not a bar for registering a document.

4. Impleading the Sub Registrar will not be an impediment for the purpose of registering the document which is otherwise presented in accordance with the provisions of the Registration Act. The party 2/4

aggrieved may approach the Civil Court for the purpose of securing an order to prevent any such registration. In the absence of any such order from the Civil Court, the Registering Authority is not empowered to refuse the registration in respect of the document presented by any person.

5. This being the principle, the order passed by the respondent in the impugned Check Slip No.RFL/ Pallipalayam/ 36/ 2023 dated 5.06.2023 is quashed. The respondent is directed to proceed with the registration if the document presented by the petitioner is otherwise in consonance with the provisions of the Act and the said exercise is directed to be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition stands allowed. No costs. (sha) 31.07.2023 Index : Yes Speaking Order 3/4

S.M.SUBRAMANIAM . J., (sha) To The Sub Registrar, Pallipalayam Sub Registrar Office, Pallipalayam, Namakkal District.

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