Dismissed¶33

Vimala v. The District Registrar

Madras HC7 Jan 2025WP(MD)/17061/2023

Case brief

AI extract

What is this about?

Refusal to register power of attorney deed; Rule 162 of the Registration Rule; Sub Registrar Nachiyarkovil; refusal check slip No.TPL/152366568/2023 dated 06.06.2023; settlement deed dated 19.07.2021; Will by father-in-law; O.S.No.176 of 2017 Additional Sub Court Kumbakonam; Patta No.757; S.F.Nos.18/1, 18/2A, 18/4A, 23/1C, 23/8, 32 Krishnapuram Village; Writ of Certiorarified Mandamus; Article 226 Constitution of India; writ petition dismissed, no costs.

What did the court decide?

Rule 162 of the Registration Rule permits the registering authority to refuse registration of a document. ¶31-32

Vimala Vs The District Registrar — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.17061 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P(MD)No.17061 of 2023

Vimala

... Petitioner

Vs.

1.The District Registrar, O/o. District Registrar, Kumbakonam, Thanjavur District.

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2.The Sub Registrar, O/o. Sub Registrar, Nachiyarkovil, Thanjavur District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarifed Mandamus, to call for the records relates to the impugned rejection order passed by the second respondent in his proceedings in Check Slip No.TPL/152366568/2023 dated 06.06.2023 and quash the same as illegal, without jurisdiction and violative of principles of natural justice and consequently directing the respondents to

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

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W.P(MD)No.17061 of 2023

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register the Power of Attorney Deed dated 06.06.2023 with respect to property in S.F.No.18/1, 18/2A, 18/4A, 23/1C, 23/8, 32 situated at Krishnapuram Village, Nachiyarkovil Sub-Registration District, Kumbakonam Taluk, Thanjavur District.

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For Petitioner : Mr.S.Sankar

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For Respondents : Mr.S.P.Maharajan, Spl. Government Pleader.

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ORDER

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This writ petition has been filed challenging the impugned refusal check

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slip issued by the second respondent in his proceedings in No.TPL/152366568/2023 dated 06.06.2023 and quash the same as illegal, without jurisdiction and violative of principles of natural justice and to direct the respondents to register the Power of Attorney Deed dated 06.06.2023 with respect to property in S.F.No.18/1, 18/2A, 18/4A, 23/1C, 23/8, 32 situated at Krishnapuram Village, Nachiyarkovil Sub-Registration District, Kumbakonam Taluk, Thanjavur District.

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2.The petitioner's husband had executed settlement deed dated

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19.07.2021 in favour of the petitioner in respect of the property comprised in

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https://www.mhc.tn.gov.in/judis 2/5

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W.P(MD)No.17061 of 2023

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S.F.Nos.18/1, 18/2A, 18/4A, 23/1C, 23/8 and 32 situated at Krishnapuram Village, Nachiyarkovil Sub-Registration District, Kumbakonam Taluk, Thanjavur District. In turn, the petitioner had executed power of attorney in favour of her husband to deal with the property on 06.06.2023 and presented the same for registration. However, the second respondent refused to register the same on the ground that the subject property is derived by the petitioner's husband through Will.

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3.On perusal of the Will, it is seen that the subject property was not bequeathed in favour of the petitioner's husband. However, the settlement deed executed by the petitioner's husband was registered in favour of the petitioner. The Will was executed by the father of the petitioner's husband. That apart, survey numbers of the subject property are not mentioned in judgment and decree passed in O.S.No.176 of 2017 on the file of Additional Sub Court, Kumbakonam. Therefore, the claim of the petitioner is not supported with any document. Patta was issued in respect of the subject property under Patta No. 757. It stands in the name of nine persons including the petitioner's father-inlaw, who had executed Will.

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

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W.P(MD)No.17061 of 2023

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4.Rule 162 of the Registration Rule permits the registering authority to

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refuse registration of a document. Therefore, this Court does not find any ground to interfere with the impugned refusal check slip issued by the second

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respondent. The writ petition stands dismissed. No costs.

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07.01.2025

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NCC : Yes / No Index : Yes / No Internet : Yes/ No ias

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To:

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