Kasturi v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-12-2025
CORAM
THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY WP No. 47223 of 2025 KASTURI W/o.Ramasamy, 32, Middle Street, Chettipet, Thirukkanur Post, Puducherry 605 501.
Petitioner(s) Vs
1. The District Registrar Office Of District Registrar, Saram, Puducherry.
2.The Sub Registrar Thirukkanur, Puducherry.
3.Mrs. Ramani, W/o.Natarajan, Residing At No.33, Melandai Street, Chettipet, Kodukkur Post, Mannadipet Commune, Puducherry 605 501.
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4.Mr.Natarajan, S/o.Namadev, Residing At No.33, Melandai Street, Chettipet, Kodukkur Post, Mannadipet Commune, Puducherry 605 501.
Respondent(s) WP No. 47223 of 2025 PRAYER: This writ petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 1st respondent to conduct an enquiry and pass appropriate orders on the Appeal dated 16/09/2025 preferred by the petitioner challenging the order of 2nd respondent dated 21/08/2025 and dispose of the Appeal within the time frame fixed by this Honourable Court.
WP No. 47223 of 2025 For Petitioner(s):
T.S.Baskaran C.Jaya Chithra S.Radhika For Respondent:
Mr.V.Vasanthakumar, AGP(Pondy)
ORDER
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An order dated 21.08.2025 was issued declining to register the settlement deeds presented for registration by the petitioner. The said order was challenged by filing an appeal before the District Registrar. The petitioner seeks the early disposal of such appeal.
2. Learned Additional Government Pleader (Pondy) accepts notice for respondents 1 and 2. He submits that the order impugned by the appeal is in the nature of an intimation and not an order under Section 71 of the Registration Act. Therefore, he submits that the petitioner should await a detailed order under Section 71 before initiating action. He also adds that a civil suit is pending in relation to the relevant property between the petitioner and the private respondents.
3. The relief claimed in this writ petition is limited to the expeditious disposal of the appeal. Except with regard to matters wherein registration is 3/8
declined on the ground of lack of jurisdiction over the property concerned, the refusal orders in relation to registration are under Section 71. An appeal against such order is provided for both under Sections 72 and 73. While Section 73 is restricted to refusal on the ground of denial of execution, as regards all other grounds of refusal, an appeal lies under Section 72. The order impugned sets out some reasons for refusal of registration. Therefore, by taking into account the nature of relief claimed, this writ petition is disposed of by directing the first respondent to consider and dispose of the petitioner's appeal on merits within a period of two months from the date of receipt of a copy of this order, after providing a reasonable opportunity to the petitioner and the third and fourth respondents herein. Because the merits have not been examined and considering the nature of relief claimed and granted, this writ is disposed of without issuing notice to the private respondents. No costs.
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04.12.2025 Index : Yes/No Internet : Yes/No kal 5/8
To
1. The District Registrar Office Of District Registrar, Saram, Puducherry.
2.The Sub Registrar Thirukkanur, Puducherry.
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SENTHILKUMAR RAMAMOORTHY J.
kal WP No. 47223 of 2025 7/8
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