Kannan v. The Sub Registrar

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Kannan Petitioner(s) Vs

1. The Sub Registrar Dharmapuri District 2.Lakshmi Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to the refusal order in Refusal no.RFL/No.II Joint Sub Registrar, Dharmapuri /162/2024 dated 21.11.2024 passed by the 1st respondent in refusing to register the sale deed dated 14.11.2024 executed by the petitioner and quash the same and consequently direct the 1st respondent to sale deed dated 14.11.2024.

2/6 For Petitioner(s):

Mr.M. Mohamed Riyaz For Respondent(s):

Mr.U.Baranidharan Special Government Pleader for R1

ORDER

This writ petition has been filed challenging the impugned refusal Check Slip dated 21.11.2024 issued by the 1 st respondent and for a consequential direction to the 1 st respondent to register the Sale Deed dated 14.11.2024 executed by the petitioner.

2.Heard Mr.M.Mohamed Riyaz, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the 1 st respondent.

3.The refusal Check Slip has been issued on the ground that the UDR patta stood in the name of one Raja son of Natesan and taking advantage of the same, they had executed a Release Deed in favour of one Lakshmi which was registered as Document No.1323 of 2024. In view of the same, the 1 st respondent has refused to register the Sale Deed executed by the petitioner.

3/6 4.It is seen from records that the patta originally stood in the name of the petitioner and during the UDR Scheme, the patta was transferred to the name of one Raja son of Natesan. The petitioner submitted an application before the District Revenue Officer and the District Revenue Officer through the proceedings dated 24.09.2024 cancelled the patta which stood in the name of Raja and the patta was restored in the name of the petitioner. Thereafter, the petitioner wanted to deal with the property and executed the Sale Deed. In the meantime, the said Raja seems to have executed a Release Deed in favour of his wife Lakshmi. Therefore, the 1 st respondent has refused to entertain the Sale Deed presented by the petitioner on the ground that the property has already been dealt with.

5.In the considered view of this Court, the Release Deed itself came to be executed based on the UDR Patta which has already been cancelled by the District Revenue Officer through proceedings dated 24.09.2024. Therefore, the petitioner, being the owner of the property and also the fact that the patta stands in his name, cannot be deprived of dealing with the property. In any event, the

4/6 st respondent cannot go into the title dispute over the property in view of the latest judgement of the Apex Court in Civil Appeal No.3954 of 2025 dated 07.04.2025, wherein, the Apex Court has struck down Rule 55(A)(1) of the Registration Rules.

6.In the light of the above discussion, the impugned refusal Check Slip dated 21.11.2024 issued by the 1 st respondent is hereby quashed and there shall be a direction to the 1 st respondent to register the Sale Deed, if it is otherwise in order.

7.In the result, this writ petition stands allowed with the above directions. No Costs.

21-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The Sub Registrar Dharmapuri District

6/6 N.ANAND VENKATESH J.

ssr 21-04-2025