Murukkan R v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN R.Murukkan .. Petitioner Vs.

1.The District Registrar, District Registrar Office, Trichy.

2.The Sub Registrar Office, Sub Registrar Office, Manapparai, Trichy.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip No.RFL/Manaparai/73/2024 dated 29.02.2024 issued by the second respondent and quash the same as illegal and consequently direct the second respondent to entertain the sale deed dated 29.02.2024 presented by the petitioner for registration and register the same in accordance with law.

For Petitioner : Mr.A.Rajaram For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The Writ Petition is filed challenging the impugned Refusal Check Slip No.RFL/Manaparai/73/2024 dated 29.02.2024 issued by the second respondent and consequently, to direct the second respondent to entertain the sale deed dated 29.02.2024 presented by the petitioner for registration and register the same in accordance with law.

2. I heard Mr.A.Rajaram for the petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader for the respondents.

3. Mr.R.Suresh Kumar states that the second respondent refused to register the document on account of the pendency of a case in Crime No.2/2023 on the file of the EOW Police Station, Trichy.

4. The issue raised in the present Writ Petition is covered by the judgment of the Honourable Mr.Justice Anand Venkatesh in R.Madhupriya and another Vs. Inspector General of Registration and another, 2020 SCC OnLine Madras 20112. The learned Judge had made it clear that the police authorities do not have the jurisdiction to injunct the Registration Department from receiving any document, even if a complaint is pending before them.

5. Respectfully following the said judgment, the impugned order is quashed. In case there is any order of attachment passed over the property by a competent authority appointed either under the State or Central Act or by a Court or Tribunal, the second respondent need not register the document. Otherwise, he is bound to register the document.

6. Accordingly, the Writ Petition stands allowed. There shall be no order as to costs.

29.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm To 1.The District Registrar, District Registrar Office, Trichy.

2.The Sub Registrar Office, Sub Registrar Office, Manapparai, Trichy.

V.LAKSHMINARAYANAN,J.

Lm 29.04.2025