WA/3164/2024 of M.Ramesh Krishnan Vs The District Registrar on 14 October 2026

Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the writ order dated 17.04.2024 passed in WP No.17906 of 2022.

2. The writ petitioner is the appellant before this Court. The appellant presented a sale deed for registration before the second respondent on 01.11.2021 for registration. The registering authority issued a check slip dated 20.11.2021 assigning certain reasons and returned the document presented for registration. It is stated that the presentor of the document is at liberty to represent the document by complying with the defects noted in the check slip dated 20.11.2021. Challenging the said order, the writ petition came to be instituted. The writ Court dismissed the writ petition on the ground that the parties are attempting to create a right by way of tactics and therefore the appellant has preferred the present writ appeal.

WA No. 3164 of 2024

3. Learned Senior Counsel would mainly contend that the reasons stated in the refusal check slip issued by the registering authority is non-est and pendency of the suit in O.S.No.208 of 2021 is factually incorrect to the extent that the suit was instituted after filing of the objections by the other party.

4. Adjudication of disputed facts of civil nature is impermissible in a writ proceedings under Article 226 of the Constitution of India. Civil rights of the parties are to be crystallised by conducting a trial nature proceedings based on the documents in original and evidences available on record. High Court cannot conduct roving enquiry in a writ proceedings to ascertain the civil rights between the parties. The power of High Court is to interfere with the process through which a decision has been taken by the competent authorities and not the decision itself. Adjudication of disputes regarding civil rights would fall beyond the realm of powers of judicial review.

5. Therefore, the Writ Court is not expected to get carried on merely based on the facts stated by any of the parties in the affidavit or counter affidavit. Such pleadings require adjudication by way of trial and such pleadings would not constitute a ground to issue a direction crystallising the civil rights between the parties. Therefore, the Writ Courts have to look into

WA No. 3164 of 2024

the applicable provisions of law to decide the issues relating to issuance of Patta, cancellation of Patta or mutation of revenue records.

6. The appellant is at liberty to submit his objection / explanation if any to the registering authority at the first instance. The registering authority shall conduct an enquiry by issuing notice to all the parties and thereafter pass a speaking order. The speaking order passed by the registering authority under Section 71 is appealable under Section 72 of the Act. On receipt of appeal, the appellate authority is bound to conduct an enquiry, and by affording opportunity to the parties, pass final orders on merits and in accordance with law. An order under Section 72 of the Act would provide cause for institution of civil suit under Section 77 of the Act.

7. The intention of the Parliament is to ensure that civil rights are to be established only through the manner known to law and that exactly is the reason Section 77 contemplates adjudication before a competent civil court of law. The High Court in exercise of the powers of judicial review cannot adjudicate the disputes of civil nature and such disputes would fall beyond the realm of powers of judicial review. A writ petition may be entertained only if the refusal to register a document is merely based on certain procedural violations as mandated under the provisions of the Registration Act and the Rules

WA No. 3164 of 2024

framed thereunder. Except for such procedural violations if any dispute touching upon the civil rights are raised by the registering authority to refuse registration, then the parties have to necessarily approach the competent civil court.

8. With the above observations, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To

1. The District Registrar Tiruppur District, Tiruppur.

2. The Sub Registrar Avinashi, Tiruppur District, Tiruppur

WA No. 3164 of 2024

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WA No. 3164 of 2024 14-10-2026