Subburaj v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.06.2025
CORAM:
THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No. 8773 of 2025 Subburaj ... Petitioner Vs.
The Sub Registrar, Kallikudi Sub Registrar, Kallikudi, Madurai.
... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the Respondent in Refusal Check Slip in RFL/ Kallikudi/6/ 2025 dated 14.03.2025 and quash the same as illegal and consequently direct the Respondent to register the document in Doc.No. TP/ 213383661/2025. For Petitioner :
Mr.M.Murugaraj For Respondent :
Mr.G.Suriya Ananth Additional Government Pleader,
ORDER
The present writ petition is filed for Writ of Certiorarified Mandamus to quash the impugned order of the Respondent in Refusal Check Slip in RFL/ Kallikudi/6/ 2025 dated 14.03.2025 and also seeking consequentail direction to the Respondent to register the document in Doc.No. TP/ 213383661/2025.
2. The contention of the petitioner is that he purchased the disputed property from one Krishnasamy, who originally owned 3.50 acres of land. The said Krishnasamy had already sold a portion of 31 cents to one Ramya through a sale deed dated 15.02.2023. Now, Krishnasamy has proposed to sell the remaining land to the petitioner. A sale deed was submitted to the respondent for this transaction, however, it was returned by the respondent, stating that the land belongs to the Kalaimagal Sabha.
3. The contention of the petitioner is that the Kalaimagal Sabha owns several properties in various locations, including Madurai, Trichy, and other places. In Kallikudi Bit-1 village, the Kalaimagal Sabha possesses property. However, as far as Bit-II is concerned, the Kalaimagal Sabha does not own any property. The petitioner now intends to purchase Bit-II. Therefore, the respondent, without applying due consideration, refused to register the document.
4. On perusal of the records, it is seen that Kallikudi Bit-1 belongs to Kalaimagal Sabha, wherein in the year 1993, based on document No. 2498/1993 dated 09.06.1993, the sale was registered between one Duraisamy and Kalaimagal Sabha. As far as Bit-2 is concerned, the encumbrance certificate states that Bit-2 belongs to Krishnasamy. Hence, this Court is prima facie convinced that Kalaimagal Sabha does not have any property in Bit-2. In case the property belongs to Kalaimagal Sabha, a remedy is available to approach the Civil Forum.
5. Accordingly, this Writ petition is allowed. The impugned order of the Respondent in Refusal Check Slip in RFL/ Kallikudi/6/ 2025
dated 14.03.2025 is hereby quashed. The respondent is directed to register the sale deed and the said exercise shall be completed within a period of four weeks from the date of receipt of a copy of the order. No costs.
12.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes KSA
To The Sub Registrar, Kallikudi Sub Registrar, Kallikudi, Madurai.
S.SRIMATHY, J KSA W.P.(MD) No. 8773 of 2025 12.06.2025