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Madras High CourtWP(MD)/9955/2025allowed

R. Mohammed Mubarak v. The District Registrar Of Registration

2025-04-09Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition (MD) No. 9955 of 2025 1.R.Mohammed Mubarak 2.M.Raigana Fathima ....

Petitioners -Vs1.The District Registrar of Registration Dindigul Registration Department Dindigul District.

2.The Sub-Registrar Sanaarpatti Sub Registration Office Sanaarpatti, Dindigul District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the second respondent in refusal check slip of RFL/Saanarpatti/17/2025 dated 25.02.2025 and quash the same as illegal and direct the respondents to register the sale deed instrument dated 25.02.2025 within a specified time limit.

For Petitioner :

Mr.A.K.Gopalan For Respondent :

Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

The impugned order states that registration of the sale deed in favour of the 1 / 5

petitioners will amount to double entry and hence the registration is refused.

2. It is no business of the registering authority to deal with matters of title. This consistent position has been declared by the Supreme Court in Gopi -vs- State of Tamil Nadu and others in Civil Appeal No.3954 of 2025 dated 07.04.2025. Even otherwise, the mere fact that registration might result in a double entry can also be not a ground for rejection of registration. Double entry is not a ground for refusal either under Section 22A or 22B of the Registration Act or Rule 162 of the Registration Rules. This position has been laid down by this Court in T.Senthilvel -vs- District Registrar (Administration) and others in W.P.(MD) No.22114 of 2024 dated 17.10.2024.

3. Applying the above principles to the facts of the present case, the impugned order is quashed and the respondent is directed to register the document presented by the petitioners within a period of two weeks from the date of uploading of this order on to the website of this Court. The writ petition is allowed accordingly. No costs. W.M.P. (MD) No.7417 of 2025 seeking permission to file a single writ petition is allowed. 09.04.2025 Internet : Yes/No 2 / 5

KST 3 / 5

To 1.The District Registrar of Registration Dindigul Registration Department Dindigul District.

2.The Sub-Registrar Sanaarpatti Sub Registration Office Sanaarpatti, Dindigul District.

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V.LAKSHMINARAYANAN, J.

KST W.P.(MD) No.9955 of 2025 09.04.2025 5 / 5