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Madras High CourtWP/35356/2025disposed of

B.T.Arasakumar v. The Sub Registrar

2025-11-21Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY B.T.Arasakumar, S/o.Late.Thiyagarajan, No.5, M.P.Avenue, Majestic Colony, Saligramam, Chennai-93.

Petitioner(s) Vs 1.The Sub Registrar, Avinashi Sub Registration Office, Avinashi, Tiruppur District Salem.

2.Karunaiammal, W/o. Subramaniam, No.2/22, Kovil Thottam, Elachipalayam, Karuvalur Village, Avinashi Taluk, Tirupur District - 641 670.

3.S.Kanagaraj, S/o. Subramaniam, No.2/22, Kovil Thottam, Elachipalayam, Karuvalur Village, Avinashi Taluk, Tirupur District - 641 670.

(R2, R3 Impleaded Vide Order Dated 23.10.2025 Made In WMP.40932/2025 In Wp.35356/2025 By KRJ) Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records of the respondent in connection with the impugned Refusal check slip order passed by the respondent in RFL/Avinashi/5/2005 dated 25.06.2025 and quash the same and consequently direct the respondent herein to register the petitioner's Sale deed dated 25.6.2025.

For Petitioner(s):

Mr.P.Chandrasekaran For Respondent(s):

Mr.U.Baranidharan Special Government Pleader for R1 Mr.N.S.Sivakumar, For R2 and R3

ORDER

This writ petition has been filed by the petitioner challenging the impugned Refusal check slip issued by the respondent in RFL/Avinashi/5/2005 dated 25.06.2025.

2.Learned counsel for the petitioner would submit that the petitioner intend to purchase 4.60 1⁄2 cents of land situated at old Survey No.334, New Survey No.334/1A, 3334/1B, 334/2A and 334/2B, Karuvalur Village, Tirupur District from one Kavitha, through two sale deeds dated 25.06.2025 and presented the same for registration. However, the 1 st respondent refused to register the sale deeds stating that there was no available land for the executor to execute the above mentioned sale deeds and issued the impugned refusal check slip dated 25.06.2025.

3.He would further submit that originally the land to an extent of 9.21 cents was purchased by the husband of the petitioner's vendor and his brother jointly. Out of the jointly purchased 9.21 cents of land, the husband of the petitioner's vendor bequeathed half of the share in her favour through the Will dated 06.09.2001. Therefore, the petitioner's vendor Kavitha acquired the subject property through the Will dated 06.09.2001 executed by her husband. The respondents 2 and 3 are the in-laws of the petitioner's vendor, who have

given no objection for selling the subject property. However, without conducting any enquiry, the 1 st respondent had refused to register the sale deeds dated 25.06.2025. Hence, he prayed to set aside the impugned refusal check slip dated 25.06.2025 and direct the 1 st respondent to register the sale deeds presented by the petitioner.

4.Learned Special Government Pleader appearing for the 1 st respondent would submit that no enquiry has been conducted in the present case and appropriate orders may be passed.

5.Heard the learned counsel for the petitioner; learned Special Government Pleader appearing for the 1 st respondent and the learned counsel for the respondents 2 and 3.

6.Considering the submissions made by either parties, this Court is of the view that, if any uncertainty arises regarding the entitlement of the petitioner's

vendor in the subject property, the 1 st respondent has to issue notice to the parties concerned before taking a decision. In the present case, without conducting any enquiry, the 1 st respondent has rejected the sale deeds presented by the petitioner. Therefore, the impugned refusal check slip is liable to be set aside.

7.Accordingly, the impugned refusal check slip dated 25.06.2025 is set aside. The petitioner is directed to re-present the sale deeds before the 1 st respondent. Upon re-presentation of the sale deeds dated 25.06.2025, the 1 st respondent is directed to issue notice to the petitioner; petitioner's vendor and the respondents 2 and 3. After conducting enquiry, the 1 st respondent is directed to take a decision regarding the registration of the sale deeds dated 25.06.2025. 8.With the above directions, this writ petition is disposed of. No costs. 21-11-2025 rst

Index:Yes/No Speaking/Non-speaking order Internet:Yes To:- The Sub Registrar, Avinashi Sub Registration Office, Avinashi, Tiruppur District Salem.

KRISHNAN RAMASAMY J.

rst

21-11-2025