Allowed

Kannathal.S v. The District Registrar

Madras HC5 Jul 2022WP(MD)/9032/2022

Case brief

AI extract

What is this about?

This judgment addressed the refusal by a Joint Registrar to register sale deeds entered in the prohibitory index. The court held that since a previous order withdrew the ban, the Registering Authority cannot refuse registration based on non-updating of records.

What did the court decide?

Impugned refusal checks quashed; Writ Petitions allowed; Directing Registering Authority to register sale deeds subject to usual formalities.

Kannathal.S Vs The District Registrar — Property and Title | Madras HC (2022)

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W.P.(MD)Nos.9032 and 9098 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.07.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)Nos.9032 and 9098 of 2022 and W.M.P.(MD)Nos.6487 and 6587 of 2022

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S.Kannathal ... Petitioner in

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W.P.(MD)No.9032 of 2022

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K.N.Singaram

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... Petitioner in

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W.P.(MD)No.9098 of 2022

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Vs.

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The District Registrar, Sivagangai District, Sivagangai.

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The Joint Registrar - II, Karaikudi, Karaikudi District.

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The District Collector, Sivagangai District, Sivagangai.

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... Respondents in both W.Ps'

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(R3 is suo motu impleaded vide Court order dated 20.06.2022 in W.P.(MD)Nos.9032 and 9098 of 2022 by GRSJ)

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_________ Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.9032 and 9098 of 2022

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PRAYER in W.P.(MD)No.9032 of 2022: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari Mandamus calling for records of the impugned order dated 03.02.2022 bearing Registration No.RFL/2 Joint Registrar Office/book2/1 passed by the second respondent, consequentially to direct the second respondent to register the petitioner's sale deed dated 03.02.2022 for the property situated in S.No.65/61, Sub-S.No.65/66, Plot No.59, Kazhani Vaasal Village, Sangarapuram Panchayat, Saakottai Union, Karaikudi Taluk, Sivagangai District with an extent of 2400 Sq.ft. and quash the same.

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PRAYER in W.P.(MD)No.9098 of 2022: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari Mandamus calling for records of the impugned order dated 03.02.2022 bearing Registration No.RFL/2 Joint Registrar Office/book2/2 passed by the second respondent, consequentially to direct the second respondent to register the petitioner's sale deed dated 03.02.2022 for the property situated in S.No.65/61, Sub-S.No.65/66, Plot No.58, Kazhani Vaasal Village, Sangarapuram Panchayat, Saakottai Union, Karaikudi Taluk, Sivagangai District with an extent of 2400 Sq.ft. and quash the same.

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For Petitioner in both W.Ps' : Mr.S.Madhavan For Respondents in both W.Ps' : Mr.K.S.Selva Ganesan Additional Government Pleader

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_________ Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.9032 and 9098 of 2022

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C O M M O N O R D E R

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When the petition mentioned sale deed was presented, the

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Registering Authority declined to register the same on the ground that they have been entered in the prohibitory index. Questioning the refusal check slips, these Writ Petitions have been filed.

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2. When the matter was taken up for hearing, the learned counsel

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appearing for the petitioners drew my attention to the order dated 26.04.2016 passed by the Hon'ble Division Bench in W.P.(MD)No.13103 of 2014 which has been categorically mentioned in the said order that the ban referred to by the Registering Authority since has been withdrawn and the Registering Authority was directed to register the documents. The case on hand is squarely covered by the aforesaid order. It is also stated by the learned counsel for the petitioners that this order has been followed in number of subsequent cases.

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_________ Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.9032 and 9098 of 2022

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3. The learned Additional Government Pleader appearing for the respondents would point out that even though the ban has been lifted, which has not been entered in the office of the Sub Registrar.

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4. This cannot be a ground for refusing to register the petition mentioned sale deed. Therefore, the impugned refusal check slips are quashed and the Writ Petitions are allowed. The Registering Authority / second respondent is directed to register the petition mentioned sale deed of course subject to fulfilment of the usual formalities. No costs. Consequently, connected Miscellaneous Petitions are closed.

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05.07.2022

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Index : Yes / No Speaking Order : Yes / No

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vji

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_________ Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.9032 and 9098 of 2022

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The District Registrar, Sivagangai District, Sivagangai.

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The Joint Registrar - II, Karaikudi, Karaikudi District.

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The District Collector, Sivagangai District, Sivagangai.

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_________ Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.9032 and 9098 of 2022

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G.R.SWAMINATHAN, J.

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vji

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W.P.(MD)Nos.9032 and 9098 of 2022 and W.M.P.(MD)Nos.6487 and 6587 of 2022

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05.07.2022

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_________ Page 6 of 6

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https://www.mhc.tn.gov.in/judis

Kannathal.S v. The District Registrar

Case brief

What is this about?

What did the court decide?

Kannathal.S v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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