Shersha v. The Sub - Registrar
W.P.(MD)No.5063 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.5063 of 2022 1.Shersha 2.Mohammed Umar Farook 3.Mohammed Arif Hussain ... Petitioners vs.
The Sub Registrar, (Document Registration Department), Sattur Sub Registrar Office, Virudhunagar District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned refusal check slip in Refusal No. RFL/Sathur/2/2022 dated 01.03.2022 passed by the respondent and to quash the same and consequently, to direct the respondent to register the sale deed presented by the petitioner dated 01.03.2022. For Petitioners :Mr.S.Vishnuvardhan For Respondent :Mr.S.Shanmugavel Additional Government Pleader
O R D E R
This Writ Petition has been filed challenging the impugned refusal check slip issued by the respondent on 01.03.2022 rejecting the sale deed presented by the petitioners for registration on the ground that the subject property is a Waqf property. 2.The petitioners have challenged the impugned order on the ground of violation of principles of natural justice and also on the ground that by total non application of mind to the documents produced by the petitioners, the impugned order has been passed. According to the petitioners, they are the absolute owners of the subject property and patta also stands in their names. However, it is their case that by total non application of mind, the impugned order has been passed without affording a fair hearing to the petitioners.
3.Heard Mr.S.Vishnuvardhan, learned Counsel for the petitioners and Mr.S.Shanmugavel, learned Additional Government Pleader, who takes notice for the respondent.
4.As seen from the impugned order, except for stating that the subject property belongs to a Waqf, no opportunity of hearing was granted to the petitioners. The petitioners have produced documents https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.5063 of 2022 before this Court to substantiate their claim that they are the absolute owners of the property. It is for the respondent to consider the same on merits and in accordance with law after affording a fair hearing to the petitioners including granting them the right of personal hearing.
5.As seen from the impugned order, the said exercise has not been done by the respondent. By a non speaking order, the sale deed presented by the petitioners has been rejected. Hence, the impugned order has to be quashed and the matter has to be remanded back to the respondent for fresh consideration on merits and in accordance with law after affording a fair hearing to the petitioners and any other necessary party, whom the respondent deems fit to enquire and also permitting them to produce all the relevant documents. 6.For the foregoing reasons, the impugned refusal check slip, dated 01.03.
2022 passed by the respondent is hereby quashed and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law after affording a fair hearing to the petitioners and any other necessary party, whom the respondent deems fit to enquire and also permitting them to produce all the relevant documents to substantiate their claim that they are the absolute owners of the subject property. The respondent is directed to pass final orders within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the aforesaid directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To The Sub Registrar, (Document Registration Department), Sattur Sub Registrar Office, Virudhunagar District.
+1 CC to M/s.S.VISHNUVARDHAN, Advocate ( SR-13611[F] dated 22/03/2022 ) +1 CC to M/s.SPL GP ( SR-13896[F] dated 23/03/2022 ) W.P.(MD)No.5063 of 2022 22.03.2022 RK(01/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2