R.Selvamani v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.29257 of 2025 R.Selvamani : Petitioner Vs.

1.The District Registrar, Ariyalur, Ariyalur District 2.The Sub Registrar, Sub Registration Office, Udayarpalayam, Ariyalur District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus to call for the record pertaining to the impugned order bearing Refusal Number RFL/Udayarpalayam/135/2023 dated 21.12.2023 passed by the 2nd Respondent is illegal and quash the same consequently directing the 2nd respondent to register the petitioner document bearing Temporary No.TP/168994651/2023 dated on 20.12.2023. For Petitioner : Mr.K.Varsha For Respondents : Mr.P.Harish, Government Advocate

ORDER

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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 challenging the refusal slip in Refusal Number RFL/Udayarpalayam/135/2023 dated 21.12.2023 passed by the 2nd Respondent and consequently direct the 2nd respondent to register the petitioner document bearing Temporary No.TP/168994651/2023 dated on 20.12.2023.

3. It is submitted by the learned counsel for the petitioner that this is a second round of litigation. In the earlier round, a writ petition in W.P.No.2463 of 2024 came to be filed challenging the refusal check slip dated 21.12.2023. This Court, by order dated 05.02.2024 disposed of the same with the following directions:

"5. It is seen that the Sub Registrar/2nd respondent herein is also a party to the said suit wherein he has been arrayed as 9th defendant. Since the Sub Registrar/2nd respondent is also a party to the suit filed in respect of the subject property which is admittedly pending, he refused to register the document and passed the refusal check slip. A perusal of the said interlocutory application shows that the parties in the said suit have not been shown as parties in this writ 2/6

petition and it seems that the petitioner has purposefully not impleaded the rival claimants/interested parties to this petition.

6. However, the petitioner is at liberty to give a representation before the 2nd respondent and on receipt of the same, the 2nd respondent shall issue notice to the petitioner and also to the interested parties/rival claimants/objection if any as the case may and conduct enquiry in the manner known to law and if the petitioner is otherwise entitled and the document is otherwise in order and if the 2nd respondent is not prohibited by the order of any of the Civil Court, he shall register the document by following the Registration Rules and pass orders on merits and in accordance with law.

4. Thereafter, the petitioner filed a miscellaneous petition in WMP No.20066 of 2024 in WP No.2463 of 2024 to amend the second respondent in the cause title as Sub Registrar, Sub Registration Office, Udayarpalayam, Ariyalur District instead of the Sub Registrar, Sub Registration Office, Vikramangalam, Ariyalur District in petition, affidavit and consequently in the order copy dated 05.02.2024 in W.P.No.2463 of 2024. This Court, by order dated 05.02.2024 dismissed the same. The relevant portion is extracted hereunder: "This Court had already disposed of this Writ Petition in W.P.No.2463 of 2024 vide order dated 05.02.2024. No writ petition is pending as on date before this Court. Hence, the question of amending the cause title would not arise.

In view of the same, this petition is not maintainable. Hence, this writ miscellaneous petition is 3/6

dismissed."

5. In these circumstances, the present writ petition is filed, wherein the Sub Registrar is now shown as Sub Registrar, Udayarpalayam, Ariyalur District.

6. In view of the fact that earlier petitioner had challenged the very same refusal slip and this Court has disposed of the same by issuing the directions extracted above, the present writ petition only seems to ensure that the directions are issued to the appropriate respondents. Therefore, this Court is inclined to pass the same order as in W.P.No.2463 of 2024 dated 05.02.2024, which is extracted in paragraph 3 of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.

7. The writ petition stands disposed of in terms of in the above terms. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

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18.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Registrar, Ariyalur, Ariyalur District 2.The Sub Registrar, Sub Registration Office, Udayarpalayam, Ariyalur District 5/6

MOHAMMED SHAFFIQ, J.

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