Mariammal v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.2025 of 2025 Mariammal ... Petitioner /Vs./

1. The District Registrar, District Registrar Office,

2. The Sub Registrar, Srirangam Sub Registrar Office,

3. The District Revenue Officer, Trichirapalli.

4. The Joint Commissioner / Executive Officer, Arulmigu Araganathaswami Thirukovil, Srirangam, Trichy.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in RFL/Srirangam/110/2024 dated 11.12.2024 and quash the 1/6

same as illegal and further direct the 2nd respondent to register the documents to be presented by the petitioner pertaining to T.S.No. 741/4 in Ward B, Block No. 18 in Vellithirumuththam Village, Srirangam Taluk, For Petitioner : Mr.C.Arul Vadivel @ Sekar for Mr.RL.Dhilipan Pandian For Respondents : Mr.D.Sadiq Raja (R1 to R3) Additional Government Pleader Mr.M.Saravanan (R4) Standing Counsel

ORDER

This writ petition has been filed challenging the refusal check slip issued by the second respondent dated 11.12.2024, thereby refused to register the deed of conveyance presented by the petitioner in respect of the property comprised in T.S.No. 741/4 in Ward B, Block No. 18 in Vellithirumuththam Village, Srirangam Taluk, Trichy District, under title deed No.1100 on the ground that the fourth respondent raised objections.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3. The subject property is owned by the petitioner's husband. He died intestate. Subsequently, the petitioner and other legal heirs intended to sell the property and entered into an agreement for sale on 11.12.2024 with one Karupuli, and presented the same for registration before the second respondent. However, the agreement for sale was not registered on the ground that the fourth respondent raised objections.

4. A perusal of the objections made by the fourth respondent would reveal that the property admeasuring 329.91 acres situated at Vellithirumuththam Village, Srirangam Taluk, Trichy District under title deed No.1027 belongs to the fourth respondent and as such, he requested the registering authority not to register any deed of conveyance in respect of the subject property. Whereas, a perusal of the records would reveal that the petitioner's husband owned the subject property under title deed No.1100. Therefore, the second respondent, without verifying the title deed, mechanically refused to register the agreement for sale, which was presented for registration, on the objections raised by the fourth respondent, that too in respect of the property under title deed No.1027. 3/6

5. In view of the above, the impugned refusal check slip dated 11.12.2024 issued by the second respondent cannot be sustained and is liable to be quashed. Accordingly, the impugned refusal check slip dated 11.12.2024 issued by the second respondent is quashed. The petitioner is directed to re-present the agreement of sale for registration. On receipt of the same, the second respondent is directed to register and release the same forthwith, if it is otherwise in order.

6. With the above direction, the Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

31.01.2025 Index : Yes / No NCC : Yes / No Sm 4/6

TO:-

1. The District Registrar, District Registrar Office,

2. The Sub Registrar, Srirangam Sub Registrar Office,

3. The District Revenue Officer, Trichirapalli.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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