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Madras High Court imposes INR 25,000 fine on sub-registrar for refusing to register sale deed

Synopsis

The Madras High Court imposed a INR 25,000 fine on a Tuticorin district sub-registrar for failing to register a sale deed despite a prior order. The case arose from a petition by Pandi, whose registration was initially denied due to the absence of a parent document and later rejected again due to a pending civil suit. Justice N. Sathish Kumar highlighted that such refusals contradict previous rulings and constitute contempt of court. The judge ordered the fine to be paid to a women's advocate association creche and, upon the sub-registrar's compliance and affidavit of undertaking, overturned the refusal order.

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The Madras High Court has ordered a sub-registrar in the Tuticorin district to pay a fine of INR 25,000 for not registering a sale deed, despite a prior directive to do so. Additionally, the court instructed the sub-registrar to complete the registration within 15 days.

The court was considering a petition from Pandi, who claimed that the Kadambus sub-registrar had declined to register his property sale deed because he had not produced the parent document. Following Pandi's initial petition, the court overturned the sub-registrar's refusal and instructed him to register the deed. However, the sub-registrar subsequently rejected the registration again, this time citing the existence of a pending civil suit as the reason. In response to this new refusal, Pandi filed the current petition to challenge the decision.

Justice N. Sathish Kumar noted that the issue of casually refusing registration based on the pending civil suit has been thoroughly addressed by a division bench of the court. The bench ruled that a document cannot be denied registration simply due to the existence of a pending suit. The judge remarked that the refusal order demonstrates an obvious disregard for the court's earlier directive, indicating that the actions of the first respondent amount to contempt of court.

In light of the seriousness of the situation, the judge ordered that the imposed fine be paid immediately to the women's advocate association creche affiliated with the Madurai bench of the Madras High Court. The sub-registrar compiled by paying the fine and also submitted an affidavit pledging not to repeat such an error in the future. Consequently, the judge overturned the refusal order.

This ruling by the Madras High Court underscores the importance of adhering to judicial directives and reinforces the principle that legal documents cannot be randomly denied registration. Justice N. Sathish Kumar's decision highlights the court's commitment to ensuring that individuals' rights are upheld, even in the face of procedural challenges. By mandating the payment of a fine to a women's advocate association, the court not only addresses the immediate issue but also promotes support for advocacy initiatives. The swift actions taken by the sub-registrar to rectify the situation reflect a recognition of the court's authority and the need for accountability in public office.

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