A registering authority cannot keep a document registration pending indefinitely due to third-party objections or pending civil suits; it must instead conduct an inquiry and pass a reasoned final order in accordance with law.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order P/1 No. Sub Registrar, Thoothukudi/ 5/2022 vide Slip No.805/2022 dated 11.02.2022, and quash the same, and consequently direct the 2nd Respondent to register the Gift Settlement Deed executed by the petitioners grandmother, namely Late Muthupetchi W/o. Late Chithiravel, presented for registration on 13.01.2022 and kept pending in P/1 No. Sub Registrar, Thoothukudi/5/2022 vide Slip No.805/2022 dated 11.02.2022, by assigning a regular registration number and releasing the registered document to the petitioner, and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.B.Sargunam

For Respondents : Mr.S.Vashik Ali

Government Standing Counsel

ORDER

The present writ petition has been filed for the following relief:-

“Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order P/1 No. Sub Registrar, Thoothukudi/ 5/2022 vide Slip No. 805/2022 dated 11.02.2022, and quash the same, and consequently direct the 2nd Respondent to register the Gift Settlement Deed executed by the petitioners grandmother, namely Late Muthupetchi W/o. Late Chithiravel, presented for registration on 13.01.2022 and kept pending in P/1 No. Sub Registrar, Thoothukudi/5/2022 vide Slip No.805/2022 dated 11.02.2022, by assigning a regular registration number and releasing the registered document to the petitioner, and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.”

2. Upon hearing the learned counsel appearing for the petitioner and perusing the materials on record, it is seen that the matter has been kept pending since the year 2022. An order has also been passed stating that, pending consideration of the objections submitted by third parties, the document has been kept pending.

3. The learned Government Standing Counsel appearing on behalf of respondents 1 and 2 submitted that objections had been submitted by one Thangapackiam and others, who had also instituted a suit in O.S. No. 187 of 2021. Subsequently, the said suit was withdrawn. A copy of the order evidencing such withdrawal has also been produced along with the typed set of papers. Therefore, there is no justification for keeping the document pending.

4. When the matter was taken up for hearing today, the learned Government Standing Counsel, taking notice on behalf of the respondents, submitted that subsequently one Thangalakshmi and others had submitted objections and had also instituted a suit. In reply thereto, the learned counsel for the petitioner submitted that the said Thangalakshmi was also a party to the earlier suit.

5. I have considered the rival submissions made on either side and perused the materials available on record.

6. In any event, the document cannot be kept pending indefinitely merely on account of the pendency of a suit or the filing of objections. If objections have been raised, the concerned authority is required to conduct an enquiry and dispose of the matter by passing appropriate final orders with regard to the registration of the document, in accordance with law, taking into consideration the earlier orders passed by this Court.

7. In view thereof, the writ petition is ordered on the following terms:-

i. The respondent shall take up the objections made by any person whatsoever.

ii. The respondent authority shall issue notice to both the objector and the petitioner, consider the objections in the manner known to law and pass appropriate final orders with reg