G.Palanidass v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P(MD).Nos.4000, 4001, 4003, 4004, 4012 and 4013 of 2025 W.P(MD).No.5473 of 2025 G.Palanidass ... Petitioner vs.

... Respondents 1/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the second respondent in refusal check slip refusal No.RFL/BOdinayakkanur/4/2025 dated 31.01.2025 and quash the same and subsequently directing the second respondent to register the document presented by the petitioner dated 31.01.2025.

W.P(MD).No.5474 of 2025 P.Shanmuga Raja ... Petitioner vs.

... Respondents 2/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the second respondent in refusal check slip refusal No.RFL/Bodinayakkanur/5/2025 dated 31.01.2025 and quash the same and subsequently directing the second respondent to register the document presented by the petitioner dated 31.01.2025.

W.P(MD).No.5475 of 2025 J.Young Mathew ... Petitioner vs.

... Respondents 3/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the second respondent in refusal check slip refusal No.RFL/Bodinayakkanur/3/2025 dated 31.01.2025 and quash the same and subsequently directing the second respondent to register the document presented by the petitioner dated 31.01.2025.

In all petitions For Petitioners : Mr.M.Sricharan Rangarajan Senior Counsel for Mr.S.Ramsundarvijayraj For R1 & R2 : Mr.N.Ramesh Arumugam Government Advocate For R3 & R4 : Mr.M.Karunanithi Government Advocate COMMON ORDER The three writ petitions relate to refusal check slips that have been issued by the Sub-Registrar, Bodinayakkanur, Theni District, on 31.01.2025. The ground of refusal is that the police, namely, third and fourth respondents in all the three writ petitions have given objections to the Sub-Registrar not to register any document relating to the property covered by the deeds.

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2. The respondents 3 and 4 had given the objections on account of the fact that the property had been owned by the Directors of Finance Company under the name and style of 'New Raise Alayam Small Banking Finance Private Limited', Sivagangai.

3. I heard Mr.M.Sricharan Rangarajan, learned Senior Counsel for Mr.S.Ramsundarvijayraj for the petitioners, Mr.N.Ramesh Arumugam, learned Government Advocate, who takes notice for the respondents 1 and 2 and Mr.M.Karunanithi, learned Government Advocate, who takes notice for the respondents 3 and 4.

4. The position of law has been settled in a judgment of the Hon'ble Mr.Justice.N.Anand Venkatesh in the case of R.Madhupriya and another Vs., The Inspector General of Registration and others 2020 SCC Online MAD 20112. The learned Judge held that the police do not have powers of attachment and that too, by way of letter. He pointed out that the investigating officer should take steps to get the property attached through a competent authority under the relevant 5/8

enactments. Despite the fact that this judgment has been applied consistently by this Court, unfortunately, the police instead of moving the competent authority under the relevant statutes, are continuing to issue letters and thereby, preventing parties from registering documents.

5. As the position of law has been settled by Madhupriya's case, I have no other option to interfere with the impugned refusal check slips. Accordingly, the impugned orders are set aside. As held by Mr.Justice N.Anand Venkatesh in Madhupriya's case, this order will not stand in the way of respondent police to approach the competent authorities under the appropriate legislations, for reliefs that they deem appropriate.

6. In view of the above, these Writ Petitions are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. Index :Yes / No 28.02.2025 NCC :Yes / No Rmk 6/8

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V. LAKSHMINARAYANAN, J.

Rmk W.P.(MD)Nos.5473, 5474 and 28.02.2025 8/8