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Madras High CourtWP/36374/2025allowed

Manimekalai v. The Joint Sub Registrar No.I

2025-10-24Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2025 Coram THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.36374 of 2025 Mrs.Manimekalai ...

Petitioner Vs.

The Joint Sub Registrar No.I, Gobichettipalayam District Registrar Office, Gobichettipalayam, Erode District- 638 455.

...Respondent

Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of Refusal Slip No.RFL/1 No Joint SubRegistrar Gobichettipalayam/18/2025 on 24.07.2025 and quash the same and consequently direct the respondent to register the sale deed dated 24.07.2025 within time frame. 1/7

For Petitioner :

Mr.J.Ranjith Kumar For Respondent :

Mr.Stalin Abhimanyu Additional Government Pleader ***

O R D E R

This Writ Petition has been filed challenging the Refusal Slip issued by the Respondent on 24.07.2025 and to quash the same and consequently direct the respondent to register the Sale Deed dated 24.07.2025.

2. The learned counsel appearing for the petitioner would submit that the subject property originally belonged to late Mr.Pachiappan. After his demise, it devolved upon his wife and daughters. On the death of his wife in the year 2016, his daughters became the absolute owners. The petitioner had earlier filed money suit in O.S.No.114 of 2021 against the daughters of Mr.Pachiappan on the basis of a promissory note and obtained an interim order of attachment with respect to the subject property. Thereafter, the matter was settled before the Lok Adalat, and an award was passed on 26.06.2022 and in view of the same, the suit attained its finality. Consequently, the interim attachment will no more be operative. Further, he would submit that when the petitioner presented the Sale Deed dated 2/7

24.07.2025 for registration, the respondent refused to register the same on the ground that the earlier attachment was not formally raised.

3. When the matter is taken up for hearing, this Court directed the petitioner to register the Lok Adalat Award, for which the learned counsel for the petitioner would submit that the Lok Adalat Award was already presented before the Respondent and the same was also registered and therefore in view of the same, attachment order has been nullified. He therefore prays to allow this Writ Petition.

4. The learned Additional Government Pleader would submit that in the event if the Lok Adalat award has already been registered with the Respondent, the Respondent has no objection to register the Sale Deed. Hence he prays for appropriate orders.

5. Heard both sides. Perused the records.

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6. In the case on hand, the Respondent vide Refusal Slip dated 24.07.2025 had refused to register the Sale Deed presented by the petitioner on the ground that attachment order already passed was not formally raised. It is the case of the petitioner that the matter was settled before the Lok Adalat Award and the Award passed by the said Forum has already been registered. In view of the fact that the parties arrived at an settlement before the Lok Adalat and award has also been passed which was also registered, the interim order of attachment would automatically be raised.

7. In such view of the matter, this Court is inclined to set aside the impugned Refusal Slip issued by the respondent dated 24.07.2025.

8. Accordingly, the impugned Refusal Slip dated 24.07.2025 issued by the Respondent is set aside. If the Petitioner re-presents the Sale Deed, the respondent is directed to register the same, without any delay, if it is otherwise in order.

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9. In the result, this writ petition is allowed. No costs. 24.10.2025 Speaking order / Non-Speaking order Index : Yes / No : Yes / No arr To The Joint Sub Registrar No.I, Gobichettipalayam District Registrar Office, Gobichettipalayam, Erode District- 638 455.

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KRISHNAN RAMASAMY, J.

, arr W.P.No.36374 of 2025 6/7

24.10.2025 7/7