Case Note & Summary
The petitioner, Velayutham, filed a writ petition challenging an objection letter dated 12.12.2019 issued by the Assistant Commissioner, Hindu Religious and Charitable Endowment (HR&CE) Department, addressed to the Joint Sub-Registrar-I, Virudhachalam, under Section 22A of the Registration Act, 1908. The objection letter opposed the registration of a sale deed executed by the petitioner in favor of Dr. Ilavarasan, claiming the property belonged to a religious institution. The petitioner sought to quash the objection letter and restrain the respondents from interfering with the institution's functioning and property dealings. During the proceedings, the respondents filed a counter affidavit stating that the objection letter had been considered by the third respondent (Joint Registrar No.I) in an enquiry held under the Registration Act, resulting in an order dated 09.01.2020 (Na.Ka.No.3075/AB/2019) concluding that the sale deed could not be registered under Section 22-A(i)(ii) of the Registration Rules. The court noted that the objection letter had merged with the subsequent enquiry order, and the petitioner had filed the writ petition after the order was passed, without challenging the order itself. Therefore, the challenge to the objection letter alone was rendered infructuous. The court dismissed the writ petition as infructuous, holding that the petitioner ought to have challenged the final order of the Joint Registrar.
Headnote
A) Registration Act - Section 22A - Objection to Registration - Merger of Objection with Enquiry Order - The objection letter issued by the HR&CE Department under Section 22A of the Registration Act, 1908, merged with the subsequent order passed by the Joint Registrar after enquiry. Consequently, the writ petition challenging only the objection letter became infructuous and was dismissed. (Paras 2-3)
Issue of Consideration
Whether a writ petition challenging an objection letter under Section 22A of the Registration Act, 1908 is maintainable when the objection has been considered and an order passed by the registering authority after enquiry.
Final Decision
The writ petition was dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Objection letter merges with subsequent enquiry order
- challenge to letter alone becomes infructuous
- Section 22A Registration Act
- 1908
- enquiry under Registration Act
Case Details
2026 LawText (MAD) (02) 233
WP No. 5403 of 2020 and W.M.P.No.6329 of 2020
S. M. Subramaniam, C. Kumarappan
Ms.K.Indhumathi for petitioner, Mr.S.Ravichander, Addl.G.P. (HR&CE) for respondents
The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai; The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Cuddalore; The Joint Registrar No.I, Virudhachalam, South Arcot District
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Nature of Litigation
Writ petition challenging an objection letter issued under Section 22A of the Registration Act, 1908.
Remedy Sought
Petitioner sought to quash the objection letter dated 12.12.2019 and to restrain respondents from interfering with the functioning of the institution and its property dealings.
Filing Reason
The Assistant Commissioner, HR&CE Department issued an objection letter to the Joint Sub-Registrar opposing registration of a sale deed executed by the petitioner.
Previous Decisions
The Joint Registrar held an enquiry and passed an order dated 09.01.2020 concluding that the sale deed cannot be registered under Section 22-A(i)(ii) of Registration Rules.
Issues
Whether the writ petition challenging the objection letter is maintainable after the objection merged with the subsequent enquiry order.
Submissions/Arguments
Petitioner argued that the objection letter was illegal and sought its quashing.
Respondents contended that the objection letter had merged with the order dated 09.01.2020 passed by the Joint Registrar after enquiry, and the writ petition had become infructuous.
Ratio Decidendi
An objection letter under Section 22A of the Registration Act, 1908 merges with the subsequent order passed by the registering authority after enquiry. A challenge to the objection letter alone, without challenging the final order, becomes infructuous.
Judgment Excerpts
The objection letter has been submitted by the HR&CE Department under Section 22A of the Registration Act,1908.
As the letter by way of objection to register the documents has merged with the order of the 3rd Respondent dated 09-01-2020, the instant Writ Petition impugning the letter ... has become infructuous and cannot stand any scrutiny.
Procedural History
The Assistant Commissioner, HR&CE issued an objection letter on 12.12.2019. The Joint Registrar held an enquiry and passed an order on 09.01.2020. The petitioner filed the writ petition on 04.02.2020 challenging only the objection letter.
Acts & Sections
- Registration Act, 1908: Section 22A
