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Madras High CourtWP(MD)/5207/2025disposed of

T. Rajaji Pandiyan v. The District Registrar

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY T.Rajaji Pandiyan ... Petitioner vs.

1. The District Registrar, Ramanathapuram, Ramanathapuram District.

2. The Sub Registrar, Abiramam, Ramanathapuram District.

3. Parvathy

4. Ramakrishnan

5. Rajagopalan (R3 to R5 are impleaded vide Court order dated 28.03.2025 in WMP(MD)No.4744 of 2025 in WP(MD)No.5207 of 2025) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in Na.Ka.No.173/2024 dated 07.11.2024 passed by the 2nd respondent and quash the same and consequently, to direct the 2nd respondent to register the sale deed dated 25.4.24 in respect of property comprised in S.No. 254/1 an extent of 96.50 are situated at Thavasikuruchi Village, Kamudhi 1/4

Taluk, Ramanathapuram District.

For Petitioner : Mr. K.Kaleeswaran For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the proceedings in Na.Ka.No.173/2024 dated 07.11.2024 passed by the 2nd respondent and consequently, to direct the 2nd respondent to register the sale deed dated 25.4.24 in respect of property comprised in S.No. 254/1 an extent of 96.50 are situated at Thavasikuruchi Village, Kamudhi Taluk, Ramanathapuram District.

2.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that a third party has objected to register the document.

3.It is a settled proposition that the registering officer cannot refuse to register the document by citing a third party objection. If at all there is any rival claim, the parties ought to approach the appropriate Civil Court. The respondent Sub Registrar cannot sit as Civil Court and decide the title. Therefore, the impugned order passed by the official respondents is erroneous and is total non 2/4

application of mind. Therefore, the official respondents cannot cite the same reason again and refuse to register. Hence, the official respondents are directed to register the deed within a period of four weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To

1. The District Registrar, Ramanathapuram, Ramanathapuram District.

2. The Sub Registrar, Abiramam, Ramanathapuram District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 08.08.2025 4/4