S.Syed Shabiullah v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR AND W.M.P.Nos.34043 & 34044 of 2023 S. Syed Shabiullah Petitioner in both WPs.

vs.

The Inspector General of Registration No.100, Santhome High Road Raja Annamalaipuram Chennai 600 028 The District Registrar (Administration) The Deputy Registrar's Office Kallakurichi District The Sub Registrar Elavanasoor Ulundurpet Taluk Kallakurichi District Respondents in both WPs Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records relating to the order of refusal numbers RFL/Elavanasoor/59/2023 dated 05.07.2023 and RFL/Elavanasoor/58/2023 dated 05.07.2023, respectively, issued by the Sub-Registrar, Elavanasoor, Ulundurpet Taluk, the 3rd respondent herein, thereby refusing to register the settlement deeds dated 05.06.2023 executed by the petitioner to and in favour of his younger son Syed Shajib and Syed Shajahan, respectively, and quash the same and consequently, direct the 3rd respondent to register the said settlement deeds. For Petitioners in both WPs Mr. T.R. Sathiya Mohan For respondent in both WPs Mr. Yogesh Kannadasan Special Government Pleader 1/4

C O M M O N O R D E R With the consent of both sides, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. Challenging the impugned Refusal Check Slips dated 05.07.2024 passed by the 3rd respondent, these writ petitions have been filed.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. When the petitioner presented Settlement Deeds dated 05.06.2023 executed by him in favour of his children for registration, the same were refused to be registered by the 3rd respondent, stating that the petitioner's vendor had sold excess extent of lands to the petitoner, in which he has no right and that the petitioner has to go to the civil Court, as he has withdrawn his application filed under Section 77-A of the Registration Act.

5. It is relevant to note that when any person wants to assert his right over the property alleging that his share is also transferred, it is for him to 2/4

approach the civil Court to establish his right and not a person, who had already purchased the property. In such view of the matter, the instruction to the petitioner to go to the civil Court and establish his right and then, come for registration, is not valid in the eye of law.

6. Further, mere filing of an application under Section 77-A of the Act alleging fraudulent transaction, one cannot deprive the land owner from dealing with the property. Hence, the refusal slips, on the face of them, cannot be sustained and the same are set aside and the 3rd respondent is directed to register the Settlement Deeds of the petitioner, within a week's time from the date of receipt of a copy of this order.

With the above direction, these writ petitions are allowed. No costs. Connected miscellaneous petitions are closed. 11.06.2024 gya Index : Yes/No 3/4

N.SATHISH KUMAR, J.

gya To The Inspector General of Registration No.100, Santhome High Road Raja Annamalaipuram Chennai 600 028 The District Registrar (Administration) The Deputy Registrar's Office Kallakurichi District The Sub Registrar Elavanasoor Ulundurpet Taluk Kallakurichi District 11.06.2024 4/4