Allowed

S.Muthukrishnan v. The District Collector

Madras HC3 Aug 2023WP/12075/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought to quash a refusal check slip issued for registering a sale deed due to alleged unclear boundaries. The Court held that boundary disputes are not within the Registering Authority's jurisdiction and quashed the refusal, directing registration within four weeks.

What did the court decide?

The impugned refusal check slip is quashed; the registering authority is directed to register the document within four weeks.

S.Muthukrishnan Vs The District Collector — Property and Title | Madras HC (2023)

¶1

W.P.No.12075 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 03.08.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶6

W.P.No.12075 of 2023

S.Muthukrishnan

...Petitioner

Vs.

1.The District Registrar, Virudhachalam, Cuddalore District.

¶11

2.The Sub Registrar, Sub Registration Office, Ulundurpettai, Kallakurichi District. ..Respondents

¶12

Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the record pertaining to the impugned order bearing Refusal Number RFL / Ulundurpettai / 16 / 2023 dated 24.03.2023 passed by the 2nd respondent is illegal and quash the same, subsequently mandamus directing the 2nd respondent to register the petitioner's document bearing Temporary No. TP / 140628043 / 2023.

¶13

For Petitioner : Ms.K.Varsha

¶14

For Respondents : Mr.G.Krishna Raja Additional Government Pleader

¶15

1/5

¶16

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

¶17

W.P.No.12075 of 2023

¶18

ORDER

¶19

The impugned refusal check slip issued by the second respondent in proceedings dated 24.03.2023 is sought to be quashed in the present writ petition.

¶20

The petitioner states that he is the purchaser of the subject property and he presented a sale deed for registration. The document presented by the petitioner was returned along with the impugned refusal check slip on the ground that the boundaries are not clear and therefore, the Sub Registrar asked the petitioner to survey the land properly and prepare a new document and present the same.

¶21

The reason stated in the order impugned is beyond the scope of the Registering Authority under the Registration Act. Regarding the dispute in the boundaries, the Registering authority has no jurisdiction to interfere. If at all, the boundaries are uncertain, then it is for the parties to resolve the issues in the manner known under law. Thus, the order impugned is perverse. Accordingly, the impugned refusal check slip issued by the second respondent in proceedings No.RFL/Ulundurpettai/16/2023 dated 2/5

¶22

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

¶23

W.P.No.12075 of 2023

¶24

24.03.2023 dated 24.03.2023 is quashed and the registering authority is

¶25

directed to proceed with the registration by following the procedures as contemplated. The said exercise is directed to be completed within a period of four(4) weeks from the date of receipt of a copy of this order.

¶26

With this direction, the writ petition stands allowed. No costs.

¶27

03.08.2023

¶28

¶29

Index: Yes Speaking Order

¶30

¶31

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

¶32

3/5

¶33

W.P.No.12075 of 2023

¶34

1.The District Registrar, Virudhachalam, Cuddalore District.

¶35

2.The Sub Registrar, Sub Registration Office, Ulundurpettai, Kallakurichi District.

¶36

4/5

¶37

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

¶38

W.P.No.12075 of 2023

¶39

S.M.SUBRAMANIAM, J.

¶40

¶41

W.P.No.12075 of 2023

¶42

03.08.2023

¶43

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

¶44

5/5

S.Muthukrishnan v. The District Collector

Case brief

What is this about?

What did the court decide?

S.Muthukrishnan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Jeyapual Vs the District Collector

C.Shanmugam Vs The District Collector

M.Kannan Vs Inspector General of Registration

R.K.Ganesan Vs The District collector

D.S.Senthil Vs The District Revenue Officer

D.Vijayakumar Vs Sasikala and another