Chinna Gounder (Deceased) v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.14137 & 14138 of 2017 1.Chinna Gounder (Deceased) 2.Perumayee 3.R.Muthulakshmi 4.Amutha 5.Sasireka 6.S.Sundaresh ... Petitioners [P2 to P6 are substituted as LRs of deceased P1 vide order dated 09.11.2017 in WMP.No.26106/2017 in WP.No.13143/2017] Vs.

1.The District Registrar, Namakkal District, Namakkal.

2.The Sub Registrar, Tiruchengode Sub Register Office, Tiruchengode, Namakkal District.

3.T.M.Nallaiyan ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the proceeding initiated through impugned notice dated 09.05.2017 issued by the 2nd respondent and quash the same.

For Petitioners : Mr.R.Marudhchalamurthy For R1 & R2 : Mr.T.Arun Kumar Additional Government Pleader For R3 : Mr.N.Manokaran

O R D E R

The relief sought for in the present writ petition is to call for the records pertaining to the enquiry notice issued by the 2nd respondent with reference to the documents filed by the writ petitioner for registration.

2. The petitioner admittedly filed the document before the 2nd respondent for registration. The petitioner wants to settle the property in favour of her grandson. However, there was an objection from the 3rd respondent regarding the extent of the property. In order to verify the genuiness of the objection raised by the 3rd respondent, the Sub Registrar

issued a notice to the writ petitioner asking the petitioner to appear before him along with the documents for enquiry.

3. The enquiry notice cannot be interfered with by the High Court in a writ proceeding in a routine manner. If at all such enquiry notice has been issued by an incompetent authority then alone the High court can grant appropriate relief, but not otherwise. In the present case, the 3rd respondent raised an objection with reference to the extent of property and therefore, the petitioner has to clarify the same through documents and evidences. Only when such clarifications to the satisfaction of the Sub Registrar is made, then alone the Sub Registrar has to initiate further actions to register the documents, which is presented by the writ petitioner in accordance with the act.

4. That being the factum, the petitioner is at liberty to submit the documents and evidences to establish that she is entitled to register the documents and in the event of production of such documents by the petitioner, the 2nd respondent shall conduct an enquiry and shall take appropriate decision on merits and in accordance with law.

5. With this liberty, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 16.03.2023 Jeni Index : Yes Speaking order To 1.The District Registrar, Namakkal District, Namakkal.

2.The Sub Registrar, Tiruchengode Sub Register Office, Tiruchengode, Namakkal District.

S.M.SUBRAMANIAM, J.

Jeni 16.03.2023