Muniraj v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Muniraj ... Petitioner Vs.

The Sub-Registrar, Office of the Sub-Registrar, Shoolagiri, Shoolagiri Taluk, Krishnagiri District.

...Respondent

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding vide Refusal Check Slip having reference No.RFL/Shoolagiri/1/2025, dated 07.01.2025, on the file of the respondent, quash the same and consequently direct the respondent to register the sale deed dated 07.01.2025 presented by the writ petitioner for registration and release the document within a time period to be stipulated by this Court.

For Petitioner : Mr.R.Bharath Kumar For Respondent : Mr.B.Vijay, Additional Government Pleader ******* 1/4

O R D E R

1. Challenging the refusal check slip bearing No.FL/Shoolagiri/1/2025, dated 07.01.2025, issued by the respondent against the registration of a sale deed dated 07.01.2025 presented by him, the petitioner has approached this Court.

2. The respondent refused to register the said document on the ground that the parent documents were not produced at the time of registration.

3. Heard the learned counsels on either side and perused the records.

4. The respondent refused to register the document on the basis that the petitioner's predecessor in title had purchased the property in the years 2005 and 2007, whereas one Seetharamayya had purchased the property in 1994 under Doc. No. 58/94. Since two persons were claiming ownership of the property, the respondent directed the petitioner to obtain orders from the competent court.

5. The documents produced in the writ petition establish that after the execution of the document in favor of one Ramayee, three subsequent sale deeds came into existence:

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• A sale deed in favor of Narayanappa under Doc. No. 688 of 1996, • A sale deed in favor of G. Murugesh under Doc. No. 2688 of 2005, dated 07.12.2005, and • A sale deed dated 29.06.2007 executed by Murugesh in favor of Venkatalakshmi under Doc. No. 2733 of 2007.

6. Therefore, the reason given for refusing to register the sale deed is without any basis. Furthermore, any claim by Seetharamayya, if at all, would be subject to proper adjudication in due course.

7. In view of the above, the impugned check slip is set aside, and the respondent is directed to register the sale deed dated 07.01.2025 within a period of two weeks from the date of receipt of a copy of this order.

8. Accordingly, the Writ Petition is allowed. No costs. 30.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To :

The Sub-Registrar, Office of the Sub-Registrar, Shoolagiri, Shoolagiri Taluk, Krishnagiri District.

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P.T. ASHA . J., nvi 30.01.2025 4/4