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Madras High CourtWP(MD)/3598/2026dismissed

Tharmar v. The Inspector General Of Registration

2026-02-10Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.3598 of 2026 Tharmar ... Petitioner Vs 1.The Inspector General of Registration, O/o.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai - 28.

2.The District Registrar, O/o. the District Registrar, Registration Department, Dindigul, Dindigul District.

3.The Sub Registrar, Sanarpatti Sub Registrar Office, Registration Department, Sanarpatti, Dindigul District.

Mrs.Ponnuthai (Died), D/o.Periyannam Pillai.

4.Chellam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check slip in Refusal Number 1/5

RFL/ Sanarpatti /133/ 2025 dated 17.12.2025 passed by the respondent No.3 and quash the same as illegal, consequently directing the respondent No.3 to register the sale deed dated 27.11.2025 presented by the petitioner.

For Petitioner : Mr.Abdulkabur For R-1 to R-3 : Mr.M.Lingadurai, Special Government Pleader

O R D E R

The present writ petition has been filed challenging the impugned Refusal Check Slip in Refusal No. RFL/Sanarpatti/133/2025 dated 17.12.2025 issued by the third respondent and seeking to quash the same as illegal, and consequently directing the third respondent to register the sale deed dated 27.11.2025 presented by the petitioner.

2. The learned counsel appearing for the petitioner submitted that the third respondent refused to register the document on the ground that there is a double entry in the encumbrance certificate. The subject property was originally sold by one Muthusamy to one Ponnuthai vide Document No.875 of 1996. Thereafter, the same property was sold to the fourth respondent on 25.06.2008. Subsequently, it was sold to the petitioner. As there is a double entry in the encumbrance certificate, the third respondent issued the impugned Refusal Check Slip and returned 2/5

the petitioner's sale deed dated 27.11.2025. It is further submitted that the said Ponnuthai is the maternal aunt of the fourth respondent and she died issueless.

3. The learned Special Government Pleader appearing for the respondents submitted that since there is a double entry in the encumbrance certificate, the third respondent rightly refused to register the document.

4. Considering the submissions made on either side, this Court finds force in the submissions made by the respondents. The petitioner's vendor purchased the subject property on 25.06.2008 from Muthusamy. However, prior to the same, Muthusamy had already sold the property to one Ponnuthai in the year 1996 vide Document No.875 of 1996. Admittedly, Ponnuthai is no more. The earlier transaction cannot be nullified except by a competent Civil Court. In view of the conflicting entries, the petitioner's title cannot be adjudicated in these proceedings. Therefore, the petitioner is directed to approach the competent Civil Court, if so advised, and seek appropriate declaratory relief. 3/5

5. With the above observations, this writ petition is dismissed. No costs.

10.02.2026 Index : Yes/No Internet: Yes/No TSG To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai - 28.

2.The District Registrar, O/o. the District Registrar, Registration Department, Dindigul, Dindigul District.

3.The Sub Registrar, Sanarpatti Sub Registrar Office, Registration Department, Sanarpatti, Dindigul District.

4/5

KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.3598 of 2026 10.02.2026 5/5