Rangasamy Vinayagam Saravenen v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Rangasamy Vinayagam Saravenen ... Petitioner Vs.

1. The District Registrar, Villuppuram Puducherry Road, Poonthottam, Villupyuram - 605 602.

2.The Sub Registrar, Marakkanam Sub Registration Office, Villupuram District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the Refusal Slip of the 2nd Respondent dated 21.02.2025, in Ref.No.RFL/Marakkanam/7/2025, and quash the same, and direct the 2nd Respondent to register the Settlement Deed presented by the petitioner for registration, if it is otherwise in order, in respect of the property comprised in Survey No.116 /2, measuring about 1 Acre 76 Cents, and Survey No.116/6, measuring about 24 cents, and Survey No.117 /2, measuring about 1 Acre and 20 Cents, totalling about 3 Acre 1/6

and 20 Cents, as per patta No.649, situated at Kurumparam Village, Marakkanam Taluk, Villupuram District.

For Petitioner : Mr.B.Divakaran For Respondents : Mr.Abishek Murthy for R1 & R2 Government Advocate

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2.The present writ petition is filed praying for a Writ of Certiorarified Mandamus to quash the records relating to the Refusal Slip of the 2nd Respondent dated 21.02.2025, in Ref.No.RFL/ Marakkanam/7/2025, and consequently, to direct the 2nd Respondent to register the Settlement Deed presented by the petitioner for registration, if it is otherwise in order, in respect of property comprised in S.No.116/2, measuring about 1 Acre 76 Cents, S.No.116/6, measuring about 24 cents, and S.No.117 /2, measuring about 1 Acre and 20 Cents, totalling about 3 Acre and 20 Cents, as per patta No.649, situated at Kurumparam Village, Marakkanam Taluk, Villupuram District. 2/6

3.After submitting for a brief while, it was pointed out by the learned counsel for the petitioner that refusal in view of the fact that there is more than one registration in respect of the very same property and therefore, in terms of Section 22(B)(1), the 2nd respondent refused to register the document on the premise it is a forged document. 4.Learned Government Advocate for the respondents on the other hand would submit that these are disputed questions of fact in any view, the petitioner can avail remedy under Section 72 by way of an appeal or may file a suit.

5.At this juncture, learned counsel for the petitioner would submit that they may be granted liberty to file an appeal in terms of Section 72 within a time frame to be fixed by this Court. 6.At the outset, learned Government Advocate would submit that if any appeal is filed, the same would be considered and appropriate orders would be passed in accordance with law if it is otherwise in order, within a time frame to be fixed by this Court. 3/6

7.In view thereof, this writ petition is disposed of with the direction to the 2nd respondent to admit the appeal, if filed, within a period of two weeks from the date of receipt of a copy of this order, without reference to limitation, if it is otherwise in order. The appellate authority shall then pass appropriate orders in accordance with law, within a period of four months thereof. It is made clear that this Court has not expressed any views with regard to the merits of the application and it is open to the concerned respondent to consider the application on its own merits and in accordance with law. No Costs. 03.06.2025 Index : Yes/ No Speaking / Non Speaking Order pam 4/6

To

1. The District Registrar, Villuppuram Puducherry Road, Poonthottam, Villupyuram - 605 602.

2.The Sub Registrar, Marakkanam Sub Registration Office, Villupuram District.

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MOHAMMED SHAFFIQ, J.

pam 03.06.2025 6/6