The Sub Registrar v. M.Subbiah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :

Coram THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Review Application Writ (MD) No.234 of 2024 in W.P.(MD) No.25304 of 2024 and W.M.P.(MD) Nos.24459 & 24460 of 2024 The Sub-Registrar, Srivaikundam Taluk, Srivaikundam, Thoothukudi District.

..... Applicant / Respondent -VersusM.Subbiah ..... Respondent / Petitioner Review application filed under Order XLVII, Rules 1 and 2 r/w Section 114 of CPC praying to review the order dated 24.10.024 made in W.P.(MD) No.25304 of 2024.

For Applicant : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.S.P.Maharajan, Special Government Pleader

ORDER

This review application has been filed seeking to review the order of this court dated 24.10.2024 made in W.P.(MD) No.25304 of 2024

2. Heard Mr.Veera Kathiravan, learned Additional Advocate General for the review applicant.

3. By order dated 24.10.2024 in W.P.(MD) No.25304 of 2024, this court directed the document in question to be registered after taking into account the established legal position regarding the registering authority's power to register a document produced for registration. The court reasoned that registration could not be denied merely on account of pendency of a suit or a protest petition because neither of these circumstances would prevent the registration of the legally executed document. As a result, this court finds no merit in the review application.

4. This court must, however, address the learnt Additional Advocate General's concern that the Sub Registrar may face charges against a complaint if the document requested for registration has been registered in accordance with the court's order.

5. In the considered view of this court, such apprehension is baseless and ill-conceived. When the writ court orders the Sub Registrar to register a document, he must follow the directions of the writ court. The Sub Registrar will not be prosecuted for merely registering the document and it is made clear that registering it in accordance with the direction of the writ petition will not result in any offence.

6. In the light of the above discussion, this court does not find any merit in the review application and the same must fail. In the result, the review application is dismissed, however, with the above observation. No costs. Consequently, connected WMPs are closed. Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Sub-Registrar, Srivaikundam Taluk, Srivaikundam, Thoothukudi District.

N.SATHISH KUMAR.J., kmk Review Application Writ (MD) No.234 of 2024