The Madras High Court dismissed this writ appeal challenging the quashing of a writ petition against registration of a conveyance deed. The court held that registration does not involve enquiry into title and that such matters must be decided by the civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.06.2016
CORAM :
THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO and THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Writ Appeal (MD) No.913 of 2016
M.Nepoleon
...Appellant/Petitioner
-Vs-
Appeal filed under Clause 15 of Letters Patent Act praying to set aside the order dated 02.09.2015 made in W.P(MD)No.15887 of 2015.
Prayer in WP(MD). 15887/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the entire records in connection with the Document No. 924 of 2015 dated 03.08.2015 on the file of the 1st Respondent and quash https://hcservices.ecourts.gov.in/hcservices/ the same.
2
For Appellant
: Mr.S.Pari
JUDGMENT
(Judgment of the Court was delivered by NOOTY.RAMAMOHANA RAO,J)
This Writ Appeal has been preferred by the writ petitioner whose writ petition is dismissed by the learned Single Judge by his order dated 02nd September 2015.
https://hcservices.ecourts.gov.in/hcservices/ 5. This apart, the suit for partition is pending. The equity available amongst the Co-owners or the stake holders can be worked out while passing final decree by the civil Court. Therefore, we
3
do not see any merit in the writ appeal for us to entertain the same and accordingly, the writ appeal is dismissed. No costs.
Sd/-
Assistant Registrar (CS-II)
/True Copy/
Sub Assistant Registrar
TO
+1cc to the Special Government Pleader, Sr.No.27967 gsr
JM/KBM/SAR-III/15.06.2016/3P-6C
Writ Appeal (MD) No.913 of 2016 03.06.2016
2 issues framed by the court
Whether writ jurisdiction can be invoked to enquire into the validity of registration of a conveyance deed pending civil suit.
Whether a Sub-Registrar performs quasi-judicial functions requiring judicial enquiry into title and interest in immovable property.
M. Nepoleon
The Sub-Registrar, Manokaran Complex
The District Registrar, Pattukottai
The Inspector General of Registration, Chennai
The District Collector, Thanjavur
Nooty Ramamohana Rao
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court