Selvam v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.1864 of 2025 Selvam ... Petitioner /Vs./ The Sub Registrar Kulathur Sub Registration Office at Keeranoor Kulathur Pudukkottai District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Refusal Check Slip issued by the respondent vide Refusal Check Slip vide No. RFL/Kulathur/93/2023 dated 18.8.2023 and quash the same and consequently directing the respondent to register the sale deed presented by the petitioner within the time stipulated by this Hon'ble court.

For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.M.Sarangan Additional Government Pleader 1/5

ORDER

This writ petition has been filed challenging the refusal check slip issued by the respondent dated 18.08.2023 thereby refused to register the sale deed, which was presented for registration.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The property comprised in S.No.674/3B to an extent of 9.22 cents situated at Lakshmanapatti Village, Kulathur taluk, Pudukkottai District and the property comprised in S.No.669/3 to an extent of 1.03 cents situated at Lakshmanapatti Village, Kulathur Taluk, Pudukkottai District belongs to one Late. Durairaj and others. After demise of the said Durairaj his legal heirs totally 14 persons derive title over the property. In turn, they had executed the sale deed in favour of the petitioner in respect of the property on 08.08.2023 and presented the same for registration. However, it was refused to register on the ground 2/5

that the property comprised in S.No.674/3 and 669/2 are concerned the same has been classified as a road and an extent of 70 cents has been given for the purpose of laying the road through a gift settlement deed in favour of the Panchayat.

4. The learned counsel for the petitioner submitted that already the subject property was sub-divided and the road which was gifted in favour of the panchayat in S.No.674/3A whereas the remaining land has been sub-divided as 674/3B and now the petitioner intended to purchase S.No.674/3B.

5. On perusal of the 'A' register produced by the petitioner revealed that the property comprised in S.No.674/3A stands in the name of R.T.Raja and not in the name of the panchayat. However, the petitioner also produced the certified copy issued by the Revenue Divisional Officer and it is seen that the road has been laid in S.No. 674/3A and no road has been laid in S.No.674/3B, which is now purchased by the petitioner.

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6. In view of the above, the petitioner is directed to represent the sale deed before the respondent for registration and on receipt of the same, the respondent is directed to register the sale deed after verifying the document and release the same, if it is otherwise in order.

7. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 30.01.2025 Index : Yes / No NCC : Yes / No am 4/5

G.K.ILANTHIRAIYAN , J.

am TO:- The Sub Registrar Kulathur Sub Registration Office at Keeranoor Kulathur Pudukkottai District.

Order made in Dated:

30.01.2025 5/5