High Court · 2025

W.P(MD)No.2947 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 19.02.2025CORAMTHE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANANWrit Petition(MD)No.2947 of 2025S.Girija ..Petitioner Vs1.The District Registrar, Registration Department, Sivagangai District, Sivagangai.2.The Sub-Registrar, Sub-Registrar Office, Thiruppuvanam, Sivagangai District.3.Siyamala ..RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 2nd respondent to register the document, which would be presented by the petitioner for registration in respect of the property in S.No.196/13, the land situated at Vaviyareynthal Village, Ladanendal Revenue Group, Thiruppuvanam Taluk, Sivagangai District measuring an extent of 0.5.00 Hectors by following the guidelines framed by the Inspector General of Registration, Chennai vide Circular in Na.Ka.No. 39708/C1/2018 dated 04.10.2018 by considering the petitioner's representation dated 09.01.2025.1/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 2025 For Petitioner : Mr.M.Iniyavan For Respondents : Mr.R.Sureshkumar Addl. Govt. Pleader (for R1 and R2)ORDERThe petitioner seeks issuance of a Writ of Mandamus to direct the 2nd respondent to register the document, which would be presented by the petitioner for registration in respect of the land measuring an extent of 0.5.00 Hectors comprised in S.No.196/13 situated at Vaviyareynthal Village, Ladanendal Revenue Group, Thiruppuvanam Taluk, Sivagangai District, by following the guidelines framed by the Inspector General of Registration, Chennai, vide Circular in Na.Ka.No.39708/C1/2018, dated 04.10.2018.2. The petitioner claims that the property, which is the subject matter of the sale in Token No.9[D509] TP/206555300/2025, belonged to her husband one P.Sekar. He passed away on 08.08.1983. Subsequently, the property was allotted to her, by virtue of a registered partition deed in Document No.1306/2004, dated 02.07.2004.3. The petitioner claims that because of her urgent financial need, she proposed to alienate the property in favour of a third party. Hence, she 2/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 2025submitted the sale deed in the aforesaid number. However, the second respondent/Sub Registrar refused to receive the document allegedly on the ground that a suit is pending in O.S.No.9 of 2024 on the file of the District Munsif-sum-Judicial Magistrate, Thiruppuvanam. The petitioner asserts that the suit had been dismissed for default on 10.09.2024. Hence, she has come forward with the present writ petition.4. When the matter came up for admission on 03.02.2025, I ordered notice to the third respondent, the objector before the second respondent. An affidavit of service has been filed stating that the third respondent has refused to receive the notice. It is treated as sufficient service.5. I heard Mr.M.Iniyavan for the petitioner and Mr.R.Sureshkumar, learned Additional Government Pleader for the respondents 1 and 2.6. Narration of the facts show that the petitioner asserts she is the absolute owner of the property measuring an extent of 0.5.00 Hectors comprised in S.No.196/13 situated at Vaviyareynthal Village, Ladanendal Revenue Group, Thiruppuvanam Taluk, Sivagangai District. She claims that she has come by the property, pursuant to a partition deed entered on 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 202502.07.2004. The partition deed is a registered document. She also states that the revenue authorities have mutated their records in her favour. They granted her a patta under Patta No.2248. The ground on which the sale deed dated 08.01.2025 has been refused is that the third respondent had objected to the same.7. Mr.M.Iniyavan relied upon a Circular that had been issued by the Inspector General of Registration on 04.10.2018. Hence, he seeks positive direction for registration.8. Mr.R.Sureshkumar states that on account of the pendency of the suit in O.S.No.9 of 2024, the Sub Registrar was not inclined to receive the document.9. I have considered the submission of either side.10. Mr.M.Iniyavan is right that in terms of the Circular issued by the Inspector General of Registration, for the mere protest petition being filed by a third party, a document cannot be refused to be received for registration.4/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 202511. A perusal of the Circular shows that along with the protest petition, the party objecting to any document being received by the Sub Registrar, should enclose records in order to substantiate his or her claim to the property. There being none, the circular applies in full force in favour of the petitioner. The relevant portion of the circular is extracted hereunder:-(“i) fPo;f;fz;l cupa Mjhuq;fSld; mspf;fg;gLk; jil kDf;fs; kl;LNk Vw;Wf;nfhs;sg;gl Ntz;Lk;.jil kD mspf;Fk; egu; mtuJ ngaupy; fpuak; ngw;w my;yJ nrhj;J ngwg;gl;l Mtz efy;> jil kWTld; ,izf;fg;gl Ntz;Lk;. jil kD mspf;Fk; rkak; mry; Mtzk;> gjpT mYtyuplk; rupghu;f;f xg;gilf;fg;gl Ntz;Lk;. NtW egupd; ngaupy; Mtzk; ,Uf;Fk; epfo;tpy;> mtuplkpUe;J jil kD mspf;Fk; egUf;F> mr;nrhj;J vt;thW ghj;jpag;gl;lJ vd;w tptuk; fl;lhak; ,izf;fg;gl Ntz;Lk;. (,wg;Gr;rhd;W> thupRr;rhd;W Nghd;wit)(my;yJ)jil kD mspf;Fk; egu; mtuJ ngaupy; cs;s gl;lh efy; jilkDTld; ,izf;fg;gl Ntz;Lk;. gjpT mYtyu; jkpo; epyk; juTld; gl;lh efiy xg;gpl;L rupghu;f;fg;gl Ntz;Lk;. NtW egupd; ngaupy; gl;lh ,Uf;Fk; epfo;tpy; mtuplkpUe;J 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 2025jil kD mspf;Fk; egUf;F mr;nrhj;J vt;thW ghj;jpag;gl;lJ vd;w tptuk; fl;lhak; ,izf;fg;gl Ntz;Lk;. (,wg;Gr;rhd;W> thupRr;rhd;W Nghd;wit)(ii) 1.12.2012ypUe;J tpw;gid cld;gbf;if Mtzq;fs; gjpTnra;ag;gLtJ fl;lhakhf;fg;gl;Ls;sJ. MfNt gjpT nra;ag;glhj tpw;gid cld;gbf;if Mtzq;fs; my;yJ Mtzq;fspd; efiy mspj;J mjd; %yk; jdf;F cupik Vw;gl;Ls;sJ vd;W mspf;fg;gLk; jil kDf;fs; Vw;fg;glf;$lhJ vdTk; njuptpf;fg;gLfpwJ.”12. Insofar as the plea of Mr.R.Sureshkumar that since a suit has been presented and is pending, the Sub Registrar decided to exercise caution and refused to register the same, I only have to refer to the daily status issued by the District Munsif-cum-Judicial Magistrate at Thiruppuvanam. The proceedings dated 10.09.2024 shows that the suit in O.S.No.9 of 2024 is no longer on the file of the Court and it had been dismissed for default on that date.13. That being the situation, I do not see any impediment for the Sub Registrar from receiving and registering the document, dated 08.01.2025, presented by the petitioner.6/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 202514. In the light of the above discussion, there shall be a direction to the second respondent/Sub Registrar to receive the sale deed executed by the petitioner in favour of Rajamanikkam, S/o Karunamoorthi, within a period of three weeks from the date of receipt of a copy of this order. 15. The mere fact that the sale deed is registered, pursuant to the order of this Court, will not in any way affect the right of the third respondent or stand in the way of the third respondent to file an application to restore the suit, which has been dismissed for default.16. This writ petition is ordered accordingly. No costs. 19.02.2025NCC : Yes/NoIndex : Yes/NoInternet:YessknTo1.The District Registrar, Registration Department, Sivagangai District, Sivagangai.2.The Sub-Registrar,7/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 2025 Sub-Registrar Office, Thiruppuvanam, Sivagangai District.8/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.2947 of 2025 V.LAKSHMINARAYANAN, J. skn Writ Petition(MD)No.2947 of 2025 19.02.20259/9